- § 4801. Congressional findings and declaration of purpose
- § 4802. Definitions
- § 4803. Pork and pork product orders
- § 4804. Notice and hearing
- § 4805. Findings and issuance of orders
- § 4806. National Pork Producers Delegate Body
- § 4807. Selection of Delegate Body
- § 4808. National Pork Board
- § 4809. Assessments
- § 4810. Permissive provisions
- § 4811. Referendum
- § 4812. Suspension and termination of orders
- § 4813. Refunds
- § 4814. Petition and review
- § 4815. Enforcement
- § 4816. Investigations
- § 4817. Preemption
- § 4818. Administrative provision
- § 4819. Authorization of appropriations
After notice and opportunity for public comment have been provided in accordance with section 4804 of this title, the Secretary shall issue and publish an order if the Secretary finds, and sets forth in such order, that the issuance of such order and all terms and conditions thereof will assist in carrying out this chapter.
Not more than one order may be in effect at a time.
An order shall become effective on a date that is not more than 90 days following the publication of such order.
An order shall contain such terms and conditions as are required in sections 4806 through 4809 of this title and, except as provided in section 4810 of this title, no others.
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.
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).
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.
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.
For the purpose of determining whether an order then 1
The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred in connection with a referendum conducted under this section or section 4812 of this title.
A referendum shall be conducted in such manner as prescribed by the Secretary.
A referendum to amend the initial order shall be conducted pursuant to this section.
If after the initial referendum provided for in section 4811(a) of this title the Secretary determines that an order, or a provision of the order, obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of such order or provision.
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.
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.
The remedies provided in subsections (a) and (b) shall be in addition to, and not exclusive of, other remedies that may be available.
The regulation of such activity (other than a regulation or requirement relating to a matter of public health or the provision of State or local funds for such activity) that is in addition to or different from this chapter may not be imposed by a State.
This section shall apply only during a period beginning on the date of the commencement of the collection of assessments under section 4809 of this title and ending on the date of the termination of the collection of assessments under section 4811(a)(3) or 4811(b)(1)(B) 1
The provisions of this chapter applicable to orders shall be applicable to amendments to orders.