
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC7401]

 
                          TITLE 7--AGRICULTURE
 
                   CHAPTER 101--AGRICULTURAL PROMOTION
 
            SUBCHAPTER I--COMMODITY PROMOTION AND EVALUATION
 
Sec. 7401. Commodity promotion and evaluation


(a) ``Commodity promotion law'' defined

    In this section, the term ``commodity promotion law'' means a 
Federal law that provides for the establishment and operation of a 
promotion program regarding an agricultural commodity that includes a 
combination of promotion, research, industry information, or consumer 
information activities, is funded by mandatory assessments on producers 
or processors, and is designed to maintain or expand markets and uses 
for the commodity (as determined by the Secretary). The term includes--
        (1) the marketing promotion provisions under section 608c(6)(I) 
    of this title;
        (2) Public Law 89-502 (7 U.S.C. 2101 et seq.);
        (3) title III of Public Law 91-670 (7 U.S.C. 2611 et seq.);
        (4) Public Law 93-428 (7 U.S.C. 2701 et seq.);
        (5) Public Law 94-294 (7 U.S.C. 2901 et seq.);
        (6) subtitle B of title I of Public Law 98-180 (7 U.S.C. 4501 et 
    seq.);
        (7) Public Law 98-590 (7 U.S.C. 4601 et seq.);
        (8) subtitle B of title XVI of Public Law 99-198 (7 U.S.C. 4801 
    et seq.);
        (9) subtitle C of title XVI of Public Law 99-198 (7 U.S.C. 4901 
    et seq.);
        (10) subtitle B of title XIX of Public Law 101-624 (7 U.S.C. 
    6101 et seq.);
        (11) subtitle E of title XIX of Public Law 101-624 (7 U.S.C. 
    6301 et seq.);
        (12) subtitle H of title XIX of Public Law 101-624 (7 U.S.C. 
    6401 et seq.);
        (13) Public Law 103-190 (7 U.S.C. 6801 et seq.);
        (14) Public Law 103-407 (7 U.S.C. 7101 et seq.);
        (15) subchapter II of this chapter;
        (16) subchapter III of this chapter;
        (17) subchapter IV of this chapter; or
        (18) subchapter V of this chapter.

(b) Findings

    Congress finds the following:
        (1) It is in the national public interest and vital to the 
    welfare of the agricultural economy of the United States to maintain 
    and expand existing markets and develop new markets and uses for 
    agricultural commodities through industry-funded, Government-
    supervised, generic commodity promotion programs established under 
    commodity promotion laws.
        (2) These generic commodity promotion programs, funded by the 
    agricultural producers or processors who most directly reap the 
    benefits of the programs and supervised by the Secretary of 
    Agriculture, provide a unique opportunity for producers and 
    processors to inform consumers about their products.
        (3) The central congressional purpose underlying each commodity 
    promotion law has always been to maintain and expand markets for the 
    agricultural commodity covered by the law, rather than to maintain 
    or expand the share of those markets held by any individual producer 
    or processor.
        (4) The commodity promotion laws were neither designed nor 
    intended to prohibit or restrict, and the promotion programs 
    established and funded pursuant to these laws do not prohibit or 
    restrict, individual advertising or promotion of the covered 
    commodities by any producer, processor, or group of producers or 
    processors.
        (5) It has never been the intent of Congress for the generic 
    commodity promotion programs established and funded by the commodity 
    promotion laws to replace the individual advertising and promotion 
    efforts of producers or processors.
        (6) An individual producer's or processor's own advertising 
    initiatives are typically designed to increase the share of the 
    market held by that producer or processor rather than to increase or 
    expand the overall size of the market.
        (7) In contrast, a generic commodity promotion program is 
    intended and designed to maintain or increase the overall demand for 
    the agricultural commodity covered by the program and increase the 
    size of the market for that commodity, often by utilizing promotion 
    methods and techniques that individual producers and processors 
    typically are unable, or have no incentive, to employ.
        (8) The commodity promotion laws establish promotion programs 
    that operate as ``self-help'' mechanisms for producers and 
    processors to fund generic promotions for covered commodities which, 
    under the required supervision and oversight of the Secretary of 
    Agriculture--
            (A) further specific national governmental goals, as 
        established by Congress; and
            (B) produce nonideological and commercial communication the 
        purpose of which is to further the governmental policy and 
        objective of maintaining and expanding the markets for the 
        covered commodities.

        (9) While some commodity promotion laws grant a producer or 
    processor the option of crediting individual advertising conducted 
    by the producer or processor for all or a portion of the producer's 
    or processor's marketing promotion assessments, all promotion 
    programs established under the commodity promotion laws, both those 
    programs that permit credit for individual advertising and those 
    programs that do not contain such provisions, are very narrowly 
    tailored to fulfill the congressional purposes of the commodity 
    promotion laws without impairing or infringing the legal or 
    constitutional rights of any individual producer or processor.
        (10) These generic commodity promotion programs are of 
    particular benefit to small producers who often lack the resources 
    or market power to advertise on their own and who are otherwise 
    often unable to benefit from the economies of scale available in 
    promotion and advertising.
        (11) Periodic independent evaluation of the effectiveness of 
    these generic commodity promotion programs will assist Congress and 
    the Secretary of Agriculture in ensuring that the objectives of the 
    programs are met.

(c) Independent evaluation of promotion program effectiveness

    Except as otherwise provided by law, each commodity board 
established under the supervision and oversight of the Secretary of 
Agriculture pursuant to a commodity promotion law shall, not less often 
than every 5 years, authorize and fund, from funds otherwise available 
to the board, an independent evaluation of the effectiveness of the 
generic commodity promotion programs and other programs conducted by the 
board pursuant to a commodity promotion law. The board shall submit to 
the Secretary, and make available to the public, the results of each 
periodic independent evaluation conducted under this subsection.

(d) Administrative costs

    The Secretary shall annually provide to the Committee on Agriculture 
of the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate information on administrative 
expenses on programs established under commodity promotion laws.

(Pub. L. 104-127, title V, Sec. 501, Apr. 4, 1996, 110 Stat. 1029.)

                       References in Text

    Public Law 89-502, referred to in subsec. (a)(2), is Pub. L. 89-502, 
July 13, 1966, 80 Stat. 279, as amended, known as the Cotton Research 
and Promotion Act, which is classified generally to chapter 53 
(Sec. 2101 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 2101 of this 
title and Tables.
    Public Law 91-670, referred to in subsec. (a)(3), is Pub. L. 91-670, 
Jan. 11, 1971, 84 Stat. 2040, as amended. Title III of Pub. L. 91-670, 
known as the Potato Research and Promotion Act, is classified generally 
to chapter 58 (Sec. 2611 et seq.) of this title. For complete 
classification of title III to the Code, see Short Title note set out 
under section 2611 of this title and Tables.
    Public Law 93-428, referred to in subsec. (a)(4), is Pub. L. 93-428, 
Oct. 1, 1974, 88 Stat. 1171, as amended, known as the Egg Research and 
Consumer Information Act, which is classified generally to chapter 60 
(Sec. 2701 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 2701 of this 
title and Tables.
    Public Law 94-294, referred to in subsec. (a)(5), is Pub. L. 94-294, 
May 28, 1976, 90 Stat. 529, as amended, known as the Beef Research and 
Information Act, which is classified generally to chapter 62 (Sec. 2901 
et seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 2901 of this title and 
Tables.
    Public Law 98-180, referred to in subsec. (a)(6), is Pub. L. 98-180, 
Nov. 29, 1983, 97 Stat. 1128, as amended. Title I of Pub. L. 98-180 is 
known as the Dairy Production Stabilization Act of 1983. Subtitle B of 
title I is classified generally to subchapter I (Sec. 4501 et seq.) of 
chapter 76 of this title. For complete classification of title I to the 
Code, see Short Title note set out under section 4501 of this title and 
Tables.
    Public Law 98-590, referred to in subsec. (a)(7), is Pub. L. 98-590, 
Oct. 30, 1984, 98 Stat. 3115, as amended, known as the Honey Research, 
Promotion, and Consumer Information Act, which is classified generally 
to chapter 77 (Sec. 4601 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 4601 of this title and Tables.
    Public Law 99-198, referred to in subsec. (a)(8), (9), is Pub. L. 
99-198, Dec. 23, 1985, 99 Stat. 1354, as amended, known as the Food 
Security Act of 1985. Subtitle B of title XVI of Pub. L. 99-198, known 
as the Pork Promotion, Research, and Consumer Information Act of 1985, 
is classified generally to chapter 79 (Sec. 4801 et seq.) of this title. 
Subtitle C of title XVI of Pub. L. 99-198, known as the Watermelon 
Research and Promotion Act, is classified generally to chapter 80 
(Sec. 4901 et seq.) of this title. For complete classification of 
subtitles B and C to the Code, see Short Title notes set out under 
sections 4801 and 4901, respectively, of this title and Tables.
    Public Law 101-624, referred to in subsec. (a)(10), (11), (12), is 
Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 3359, as amended, known as the 
Food, Agriculture, Conservation, and Trade Act of 1990. Subtitle B of 
title XIX of Pub. L. 101-624, known as the Mushroom Promotion, Research, 
and Consumer Information Act of 1990, is classified generally to chapter 
90 (Sec. 6101 et seq.) of this title. Subtitle E of title XIX of Pub. L. 
101-624, known as the Soybean Promotion, Research, and Consumer 
Information Act, is classified generally to chapter 92 (Sec. 6301 et 
seq.) of this title. Subtitle H of title XIX of Pub. L. 101-624, known 
as the Fluid Milk Promotion Act of 1990, is classified generally to 
chapter 93 (Sec. 6401 et seq.) of this title. For complete 
classification of subtitles B, E, and H to the Code, see Short Title 
notes set out under sections 6101, 6301, and 6401, respectively, of this 
title and Tables.
    Public Law 103-190, referred to in subsec. (a)(13), is Pub. L. 103-
190, Dec. 14, 1993, 107 Stat. 2266, known as the Fresh Cut Flowers and 
Fresh Cut Greens Promotion and Information Act of 1993, which is 
classified generally to chapter 97 (Sec. 6801 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 6801 of this title and Tables.
    Public Law 103-407, referred to in subsec. (a)(14), is Pub. L. 103-
407, Oct. 22, 1994, 108 Stat. 4210, known as the Sheep Promotion, 
Research, and Information Act of 1994, which is classified generally to 
chapter 99 (Sec. 7101 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 7101 of this title and Tables.


                               Short Title

    Section 511 of title V of Pub. L. 104-127 provided that: ``This 
subtitle [subtitle B (Secs. 511-526) of title V of Pub. L. 104-127, 
enacting subchapter II of this chapter] may be cited as the `Commodity 
Promotion, Research, and Information Act of 1996'.''
    Section 531 of title V of Pub. L. 104-127 provided that: ``This 
subtitle [subtitle C (Secs. 531-543) of title V of Pub. L. 104-127, 
enacting subchapter III of this chapter] may be cited as the `Canola and 
Rapeseed Research, Promotion, and Consumer Information Act'.''
    Section 551 of title V of Pub. L. 104-127 provided that: ``This 
subtitle [subtitle D (Secs. 551-564) of title V of Pub. L. 104-127, 
enacting subchapter IV of this chapter] may be cited as the `National 
Kiwifruit Research, Promotion, and Consumer Information Act'.''
    Section 571 of title V of Pub. L. 104-127 provided that: ``This 
subtitle [subtitle E (Secs. 571-582) of title V of Pub. L. 104-127, 
enacting subchapter V of this chapter] may be cited as the `Popcorn 
Promotion, Research, and Consumer Information Act'.''

                  Section Referred to in Other Sections

    This section is referred to in section 7414 of this title.
