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-
Congress finds the following:
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.
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.
Notwithstanding any provision of a commodity promotion law, a person that produces, handles, markets, or imports organic products may be exempt from the payment of an assessment under a commodity promotion law with respect to any agricultural commodity that is certified as "organic" or "100 percent organic" (as defined in part 205 of title 7, Code of Federal Regulations (or a successor regulation)).
The exemption described in paragraph (1) shall apply to the certified "organic" or "100 percent organic" (as defined in part 205 of title 7 of the Code of Federal Regulations (or a successor regulation)) products of a producer, handler, or marketer regardless of whether the agricultural commodity subject to the exemption is produced, handled, or marketed by a person that also produces, handles, or markets conventional or nonorganic agricultural products, including conventional or nonorganic agricultural products of the same agricultural commodity as that for which the exemption is claimed.
The Secretary shall approve the exemption of a person under this subsection if the person maintains a valid organic certificate issued under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
This subsection shall be effective until the date on which the Secretary issues an organic commodity promotion order in accordance with subsection (f).
The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption under paragraph (1).
In this subsection:
The term "certified organic farm" has the meaning given the term in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502).
The term "covered person" means a producer, handler, marketer, or importer of an organic agricultural commodity.
The term "dual-covered agricultural commodity" means an agricultural commodity that-
The Secretary may issue an organic commodity promotion order under section 7413 of this title that includes any agricultural commodity that-
If the Secretary issues an organic commodity promotion order described in paragraph (2), a covered person may elect, for applicable dual-covered agricultural commodities and in the sole discretion of the covered person, whether to be assessed under the organic commodity promotion order or another applicable agricultural commodity promotion order.
The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption under paragraph (1).
7 U.S.C. § 7401
EDITORIAL NOTES
REFERENCES IN TEXT Public Law 89-502 referred to in subsec. (a)(2), is Pub. L. 89-502, July 13, 1966, 80 Stat. 279, known as the Cotton Research and Promotion Act, which is classified generally to chapter 53 (§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. Title III of Pub. L. 91-670, known as the Potato Research and Promotion Act, is classified generally to chapter 58 (§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, known as the Egg Research and Consumer Information Act, which is classified generally to chapter 60 (§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, known as the Beef Research and Information Act, which is classified generally to chapter 62 (§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. 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 (§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, known as the Honey Research, Promotion, and Consumer Information Act, which is classified generally to chapter 77 (§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, 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 (§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 (§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, 104 Stat. 3359, 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 (§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 (§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 (§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, 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 (§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, 108 Stat. 4210, known as the Sheep Promotion, Research, and Information Act of 1994, which is classified generally to chapter 99 (§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.The Organic Foods Production Act of 1990, referred to in subsec. (e)(3), is title XXI of Pub. L. 101-624, 104 Stat. 3935, which is classified generally to chapter 94 (§6501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6501 of this title and Tables.
AMENDMENTS2014-Subsec. (e). Pub. L. 113-79, §10004(d), added subsec. (e) and struck out former subsec. (e) which related to exemptions of certified organic products from assessments.Subsec. (f). Pub. L. 113-79, §10004(e), added subsec. (f).Subsec. (f)(1)(C)(ii)(II). Pub. L. 113-235 substituted "a commodity promotion law" for "section 7413 of this title".2002-Subsec. (a)(19). Pub. L. 107-171, §10607(b), added par. (19).Subsec. (e). Pub. L. 107-171, §10607(a), added subsec. (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE Pub. L. 104-127, title V, §511, Apr. 4, 1996, 110 Stat. 1032, provided that: "This subtitle [subtitle B (§§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'." Pub. L. 104-127, title V, §531, Apr. 4, 1996, 110 Stat. 1048, provided that: "This subtitle [subtitle C (§§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'." Pub. L. 104-127, title V, §551, Apr. 4, 1996, 110 Stat. 1064, provided that: "This subtitle [subtitle D (§§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'." Pub. L. 104-127, title V, §571, Apr. 4, 1996, 110 Stat. 1074, provided that: "This subtitle [subtitle E (§§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'."