7 U.S.C. § 4601

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 4601 - Findings and purposes

(a) Findings

Congress makes the following findings:

(1) Honey is produced by many individual producers in every State in the United States.

(2) Honey and honey products move in large part in the channels of interstate and foreign commerce, and honey which does not move in such channels directly burdens or affects interstate commerce.

(3) In recent years, large quantities of low-cost, imported honey have been brought into the United States, replacing domestic honey in the normal trade channels.

(4) The maintenance and expansion of existing honey markets and the development of new or improved markets or uses are vital to the welfare of honey producers and those concerned with marketing, using, and processing honey, along with those engaged in general agricultural endeavors requiring bees for pollinating purposes.

(5) The honey production industry within the United States is comprised mainly of small- and medium-sized businesses.

(6) The development and implementation of coordinated programs of research, promotion, consumer education, and industry information necessary for the maintenance of markets and the development of new markets have been inadequate.

(7) Without cooperative action in providing for and financing such programs, honey producers, honey handlers, wholesalers, and retailers are unable to implement programs of research, promotion, consumer education, and industry information necessary to maintain and improve markets for these products.

(8) The ability to develop and maintain purity standards for honey and honey products is critical to maintaining the consumer confidence, safety, and trust that are essential components of any undertaking to maintain and develop markets for honey and honey products.

(9) Research directed at improving the cost effectiveness and efficiency of beekeeping, as well as developing better means of dealing with pest and disease problems, is essential to keeping honey and honey product prices competitive and facilitating market growth as well as maintaining the financial well-being of the honey industry.

(10) Research involving the quality, safety, and image of honey and honey products and how that quality, safety, and image may be affected during the extraction, processing, packaging, marketing, and other stages of the honey and honey product production and distribution process, is highly important to building and maintaining markets for honey and honey products.

(b) Purposes

The purposes of this chapter are-

(1) to authorize the establishment of an orderly procedure for the development and financing, through an adequate assessment, of an effective, continuous, and nationally coordinated program of promotion, research, consumer education, and industry information designed to-

(A) strengthen the position of the honey industry in the marketplace;

(B) maintain, develop, and expand domestic and foreign markets and uses for honey and honey products;

(C) maintain and improve the competitiveness and efficiency of the honey industry; and

(D) sponsor research to develop better means of dealing with pest and disease problems;

(2) to maintain and expand the markets for all honey and honey products in a manner that-

(A) is not designed to maintain or expand any individual producer's, importer's, or handler's share of the market; and

(B) does not compete with or replace individual advertising or promotion efforts designed to promote individual brand name or trade name honey or honey products; and

(3) to authorize and fund programs that result in government speech promoting government objectives.

(c) Administration

Nothing in this chapter-

(1) prohibits the sale of various grades of honey;

(2) provides for control of honey production;

(3) limits the right of the individual honey producer to produce honey; or

(4) creates a trade barrier to honey or honey products produced in a foreign country.

7 U.S.C. § 4601

Pub. L. 98-590, §2, Oct. 30, 1984, 98 Stat. 3115; Pub. L. 105-185, title VI, §605(a), June 23, 1998, 112 Stat. 587.

EDITORIAL NOTES

AMENDMENTS1998- Pub. L. 105-185, §605(a)(1), added section catchline and struck out former section catchline, designated introductory provisions and pars. (1) to (7) as subsec. (a), inserted heading, and substituted "Congress makes the following findings" for "The Congress finds that" in introductory provisions. Subsec. (a)(6), (7). Pub. L. 105-185, §605(a)(2)(A), substituted "consumer education, and industry information" for "and consumer education".Subsec. (a)(8) to (10). Pub. L. 105-185, §605(a)(2)(B), added pars. (8) to (10).Subsecs. (b), (c). Pub. L. 105-185, §605(a)(3), added subsecs. (b) and (c) and struck out former subsec. (b) which read as follows:"(b)(1) It is, therefore, the purpose of this chapter to authorize the establishment of an orderly procedure for the development and financing, through an adequate assessment, of an effective and coordinated program of research, promotion, and consumer education designed to strengthen the position of the honey industry in the marketplace and maintain, develop, and expand markets for honey and honey products."(2) Nothing in this chapter may be construed to dictate quality standards for honey, provide for control of its production, or otherwise limit the right of the individual honey producer to produce honey. This chapter treats foreign producers equitably, and nothing in this chapter may be construed as a trade barrier to honey produced in foreign countries."

STATUTORY NOTES AND RELATED SUBSIDIARIES

SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-624, title XIX, §19811981,, 104 Stat. 3904, provided that: "This chapter [chapter 1 (§§1981-1987) of subtitle F of title XIX of Pub. L. 101-624 enacting section 4610a of this title, amending sections 4602, 4606, 4608, and 4612 of this title, and enacting provisions set out as a note under section 4603 of this title] may be cited as the 'Honey Research, Promotion, and Consumer Information Act Amendments of 1990'."

SHORT TITLEPub. L. 98-590, §1, Oct. 30, 1984, 98 Stat. 3115, provided that: "This Act [enacting this chapter] may be cited as the 'Honey Research, Promotion, and Consumer Information Act'."

State: The term "State" means any of the several States, the District of Columbia and the Commonwealth of Puerto Rico.
consumer education: The term "consumer education" means any action to provide information on the usage and care of honey or honey products.
handler: The term "handler" means any person who handles honey.
honey products: The term "honey products" means products produced, in whole or part, from honey.
honey: The term "honey" means the nectar and saccharine exudations of plants which are gathered, modified, and stored in the comb by honey bees.
importer: The term "importer" means any person who imports honey or honey products into the United States or acts as an agent, broker, or consignee for any person or nation that produces honey outside of the United States for sale in the United States and who is listed in the import records as the importer of record for such honey or honey products.
marketing: The term "marketing" means the sale or other disposition in commerce of honey or honey products.
producer: The term "producer" means any person who produces honey in the United States for sale in commerce.
promotion: The term "promotion" means any action, including paid advertising, pursuant to this chapter, to present a favorable image for honey or honey products to the public with the express intent of improving the competitive position and stimulating sales of honey or honey products.
research: The term "research" means any type of research designed to advance the image, desirability, usage, marketability, production, or quality of honey or honey products.