7 U.S.C. § 7401 - Commodity promotion and evaluation

Cite as:7 U.S.C. § 7401
Currency:Current through P.L. 116-65 (10/09/2019)
 
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(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;

(16) subchapter III;

(17) subchapter IV;

(18) subchapter V; or

(19) any other provision of law enacted after April 4, 1996, that provides for the establishment and operation of a promotion program described in the first sentence.

(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.

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