7 U.S.C. § 7104
An order issued under this chapter shall contain the terms and conditions specified in this section.
The order shall provide for the establishment of, and appointment of members to, a National Sheep Promotion, Research, and Information Board to administer the order. Members of the Board shall be appointed by the Secretary from nominations provided in accordance with this subsection. The cumulative number of seats on the Board shall be 120 and shall be apportioned as follows:
Producers shall be appointed to the Board to represent States, with each State represented by the following number of members:
| Alabama | 1 |
| Alaska | 1 |
| Arizona | 1 |
| Arkansas | 1 |
| California | 5 |
| Colorado | 4 |
| Connecticut | 1 |
| Delaware | 1 |
| Florida | 1 |
| Georgia | 1 |
| Hawaii | 1 |
| Idaho | 2 |
| Illinois | 1 |
| Indiana | 1 |
| Iowa | 2 |
| Kansas | 1 |
| Kentucky | 1 |
| Louisiana | 1 |
| Maine | 1 |
| Maryland | 1 |
| Massachusetts | 1 |
| Michigan | 1 |
| Minnesota | 2 |
| Mississippi | 1 |
| Missouri | 1 |
| Montana | 5 |
| Nebraska | 1 |
| Nevada | 1 |
| New Hampshire | 1 |
| New Jersey | 1 |
| New Mexico | 2 |
| New York | 1 |
| North Carolina | 1 |
| North Dakota | 2 |
| Ohio | 1 |
| Oklahoma | 1 |
| Oregon | 2 |
| Pennsylvania | 1 |
| Rhode Island | 1 |
| South Carolina | 1 |
| South Dakota | 4 |
| Tennessee | 1 |
| Texas | 10 |
| Utah | 3 |
| Vermont | 1 |
| Virginia | 1 |
| Washington | 1 |
| West Virginia | 1 |
| Wisconsin | 1 |
| Wyoming | 5 |
The feeder sheep industry shall be represented on the Board by 10 members.
Importers shall be represented on the Board by 25 members.
The order shall provide that a unit represented by only 1 member may have an alternate member appointed to ensure representation at meetings of the Board.
The Secretary shall appoint producers to represent units established under paragraph (1)(A) from nominations submitted by eligible organizations certified under subsection (c)(3). An eligible organization may submit only nominations from the membership of the organization for the unit in which the organization is located. To be represented on the Board, each eligible organization shall submit to the Secretary at least 1.5 nominations for each appointment to the Board for which the unit is entitled to representation, as determined under paragraph (1)(A). If a unit is entitled to 1 appointment on the Board, the unit shall submit at least 2 nominations for the appointment.
The Secretary shall appoint representatives of the feeder sheep industry to seats established under paragraph (1)(B) from nominations submitted by qualified national organizations that represent the feeder sheep industry. To be represented on the Board, the industry shall provide at least 1.5 nominations for each appointment to the Board for which the feeder sheep industry is entitled to representation, as determined under paragraph (1)(B).
The Secretary shall appoint importers to seats established under paragraph (1)(C) from nominations submitted by qualified organizations that represent importers, as determined by the Secretary. To be represented on the Board, importers shall provide at least 1.5 nominations for each appointment to the Board for which importers are entitled to representation, as determined under paragraph (1)(C).
The Secretary shall solicit nominations for each seat on the initially established Board to which a unit is entitled to representation from eligible organizations certified under paragraph (3). If no such organization exists in the unit, the Secretary shall solicit nominations for appointments in such manner as the Secretary determines appropriate.
The Secretary shall solicit nominations for each seat for which feeders or importers are entitled to representation from organizations that represent feeders and importers, respectively. In determining whether an organization is eligible to submit nominations under this subparagraph, the Secretary shall determine whether-
The solicitation of nominations for subsequent appointment to the Board from eligible organizations certified under paragraph (3) shall be initiated by the Secretary, with the Board securing the nominations for the Secretary.
The solicitation of feeder and importer nominations for seats on the Board shall be made by the Secretary in accordance with paragraph (1)(B).
The eligibility of any organization to represent producers, and to participate in the making of nominations to represent producers under this section, shall be certified by the Secretary. The Secretary shall certify any organization that the Secretary determines meets the eligibility criteria established by the Secretary under this paragraph. An eligibility determination of the Secretary under this paragraph shall be final.
Certification under this paragraph shall be based, in addition to other available information, on a factual report submitted by the organization, that shall contain information considered relevant and specified by the Secretary, including-
A primary consideration in determining the eligibility of an organization under this paragraph shall be whether-
Each appointment to the Board shall be for a term of 3 years, except that appointments to the initially established Board shall be proportionately for 1-year, 2-year, and 3-year terms. No person may serve more than 2 consecutive 3-year terms, except that an elected officer of the Board shall not be subject to this sentence while the officer holds office.
A Board member shall serve without compensation, but shall be reimbursed for the reasonable expenses of the member incurred in performing the duties of the Board.
The order shall provide for at least an annual meeting of the Board and such additional meetings of the Board as may be required.
The order shall define the powers and duties of the Board and shall include the power and duty-
The order shall provide that the Board shall review budgets submitted by the Executive Committee, on a fiscal year basis, of anticipated expenses and disbursements by the Board, including probable costs of administration and promotion, research, consumer information, education, industry information, and producer information projects. On approval by the Board, the Board shall submit the budget to the Secretary for the approval of the Secretary.
No expenditure of funds may be made by the Board unless the expenditure is authorized under a budget or budget amendment approved by the Secretary.
The order shall establish an Executive Committee to administer the terms and provisions of the order, as provided in this subsection, under the direction of the Board and consistent with the policies determined by the Board.
The Executive Committee shall be composed of 14 members, of which-
The Executive Committee shall develop plans or projects of promotion, research, consumer information, education, industry information, and producer information, which shall be paid for with assessments collected by the Board. The plans or projects shall not become effective until the plans or projects are approved by the Secretary.
The Executive Committee shall be responsible for developing and submitting to the Board, for the approval of the Board, budgets, on a fiscal year basis, of the anticipated expenses and disbursements of the Board, including probable costs of promotion, research, consumer information, education, industry information, and producer information projects. The Board shall approve or disapprove a budget submitted by the Executive Committee, and, if approved, shall submit the budget to the Secretary for the approval of the Secretary.
A term of appointment to the Executive Committee shall be for 1 year.
The Chairperson of the Board shall serve as Chairperson of the Executive Committee.
A quorum of the Executive Committee shall consist of 8 members.
The order shall provide that the Board shall be responsible for all expenses of the Board and the Executive Committee.
A contract or agreement entered into by the Board under subsection (e)(7) shall provide that-
The order shall provide that each person making payment to a producer or feeder for sheep purchased from the producer or feeder shall, in the manner prescribed by the order, collect an assessment from the producer or feeder on each sheep sold by the producer or feeder.
Any person purchasing sheep for processing shall collect the assessment from the seller and remit the assessment to the Board in the manner prescribed by the order.
Except as provided in clause (ii), the rate of assessment under this paragraph shall be 1 cent per pound of live sheep sold.
The rate of assessment under this paragraph may be raised or lowered not more than 15/100 of a cent per pound in any 1 year, as recommended by the Executive Committee and approved by the Board and the Secretary, except that the rate of assessment under this paragraph shall not exceed 2.5 cents per pound of live sheep sold.
The order shall provide that each person making payment to a producer, feeder, or handler of wool for wool purchased from the producer, feeder, or handler shall, in the manner prescribed by the order, collect an assessment on each pound of greasy wool sold.
Any person purchasing greasy wool for processing shall collect the assessment and remit the assessment to the Board in the manner prescribed by the order.
Except as provided in clause (ii), the rate of assessment under this paragraph shall be 2 cents per pound of greasy wool.
The rate of assessment under this paragraph may be raised or lowered not more than 2/10 of a cent per pound in any 1 year, as recommended by the Executive Committee and approved by the Board and the Secretary, except that the rate of assessment under this paragraph shall not exceed 4 cents per pound of greasy wool.
The order shall provide that any person processing or causing to be processed sheep or sheep products of that person's own production and marketing shall-
The order shall provide that any person exporting live sheep or greasy wool shall-
The order shall provide that any person importing sheep or sheep product, and any person importing wool or products containing wool, into the United States shall pay an assessment to the Board in the manner prescribed by the order, except that this paragraph shall not apply to raw wool that is imported into the United States.
The Customs Service shall collect the assessment required under this paragraph and remit the assessment to the Secretary for disbursement to the Board.
Except as provided in subparagraph (B), the rate of assessment under this paragraph for sheep and sheep products shall be-
The rate of assessment under this subparagraph may be raised or lowered not more than 15/100 cent per pound in any 1 year, as recommended by the Executive Committee and approved by the Board and the Secretary, except that the rate of assessment under this subparagraph shall not exceed 2.5 cents per pound.
Except as provided in clause (ii), the rate of assessment under this paragraph for wool and products containing wool, shall be 2 cents per pound of degreased wool or the equivalent of degreased wool.
The rate of assessment under this subparagraph may be raised or lowered not more than 2/10 cent per pound in any 1 year, as recommended by the Executive Committee and approved by the Board and the Secretary, except that the rate of assessment under this subparagraph shall not exceed 4 cents per pound of degreased wool or the equivalent of degreased wool.
Except as provided in subparagraph (B), the order shall provide that 20 percent of the total assessments collected by the Board on the marketing of domestic sheep and domestic sheep products in any 1 year from a State shall be returned to the qualified State sheep board of the State.
No qualified State sheep board shall receive less than $2,500 under subparagraph (A) in any year.
The Secretary may issue regulations that-
The order shall provide that assessments received by the Board shall be used by the Board for the payment of expenses incurred in administering the order, with authorization for a reasonable reserve.
The Secretary shall be reimbursed for costs incurred in implementing and administering the order.
The order shall require the Board to-
The Board shall cause books and records of the Board related to the order to be audited by an independent auditor at the end of each fiscal year. The Board shall submit a report of the audit to the Secretary.
The order shall provide that the Board may invest, pending disbursement, funds the Board receives under the order, only in-
Income from any investment under paragraph (1) may be used for any purpose for which the invested funds may be used.
Except as provided in paragraph (2), the order shall prohibit any funds collected by the Board under the order from being used in any manner for the purpose of influencing legislation or government action or policy.
Paragraph (1) shall not apply to-
A plan or project conducted under this chapter shall not make false or misleading claims on behalf of sheep or sheep products or against a competing product.
The order shall require that each person making payment to a producer, feeder, or handler for sheep or sheep products, each importer and exporter of sheep or sheep products, and each person marketing sheep products of the person's own production to maintain, and make available for inspection, such books and records as may be required by the order and file reports at the time, in the manner, and having the content prescribed by the order.
Information from the records or reports shall be made available to the Secretary for the administration or enforcement of this chapter, or any order or regulation issued under this chapter.
The Secretary shall authorize the use under this chapter of information regarding persons paying producers, feeders, importers, handlers, or processors that is accumulated under a law or regulation other than this chapter or a regulation issued under this chapter.
Except as otherwise provided in this chapter, all information obtained under paragraph (1) or (2) shall be kept confidential by all officers and employees of the Department and of the Board.
Information referred to in subparagraph (A) may be disclosed only if-
Nothing in this paragraph prohibits-
No information obtained under this chapter may be made available to any agency or officer of the Federal Government for any purpose other than the implementation of this chapter or any investigatory or enforcement action necessary for the implementation of this chapter.
Any person who willfully violates this paragraph, on conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for not more than 1 year, or both, and if the person is an officer or employee of the Board or the Department, shall be removed from office.
The order shall provide such terms and conditions, not inconsistent with this section, as are necessary to carry out the order, including provisions for the assessment of a penalty for the late payment of an assessment due under the order.
7 U.S.C. § 7104
- Board
- The term "Board" means the National Sheep Promotion, Research, and Information Board established under section 7104(b) of this title.
- Customs Service
- The term "Customs Service" means United States Customs Service of the Department of the Treasury.
- Department
- The term "Department" means the United States Department of Agriculture.
- Executive Committee
- The term "Executive Committee" means the Executive Committee established under section 7104(g) of this title.
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- State
- The term "State" means each of the 50 States.
- United States
- The term "United States" means the 50 States and the District of Columbia.
- consumer information
- The term "consumer information" means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, or use of sheep products.
- degreased wool
- The term "degreased wool" means wool from which the bulk of impurities has been removed by processing.
- education
- The term "education" means activities providing information relating to the sheep industry or sheep products to producers, feeders, importers, consumers, and other persons.
- exporter
- The term "exporter" means any person who exports domestic live sheep or greasy wool from the United States.
- feeder
- The term "feeder" means a person who feeds lambs until the lambs reach slaughter weight.
- greasy wool
- The term "greasy wool" means wool that has not been washed or otherwise cleaned.
- handler
- The term "handler" means any person who purchases and markets greasy wool.
- importer
- The term "importer" means any person who imports sheep or sheep products into the United States.
- industry information
- The term "industry information" means information and programs that will lead to increased efficiency in processing and the development of new markets, marketing strategies, increased marketing efficiency, and activities to enhance the image of sheep or sheep products on a national or international basis.
- order
- The term "order" means a sheep and wool promotion, research, education, and information order issued under section 7103 of this title.
- person
- The term "person" means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity.
- producer information
- The term "producer information" means activities designed to provide producers, feeders, and importers with information relating to production or marketing efficiencies or developments, program activities, or other information that would facilitate an increase in the consumption of sheep or sheep products.
- producer
- The term "producer" means any person, other than a feeder, who owns or acquires ownership of sheep.
- promotion
- The term "promotion" means any action (including paid advertising) to advance the image and desirability of sheep or sheep products to improve the competitive position, and stimulate sales, of sheep products in the domestic and international marketplace.
- raw wool
- The term "raw wool" means greasy wool, pulled wool, degreased wool, or carbonized wool.
- research
- The term "research" means development projects and studies relating to the production (including the feeding of sheep), processing, distribution, or use of sheep or sheep products to encourage, expand, improve, or make more efficient the marketing of sheep or sheep products.
- sheep products
- The term "sheep products" means products produced, in whole or in part, from sheep, including wool and products containing wool fiber.
- sheep
- The term "sheep" means ovine animals of any age, including lambs.
- unit
- The term "unit" means each State, group of States, or class designation that is represented on the Board.
- wool products
- The term "wool products" means products produced, in whole or in part, from wool and products containing wool fiber.1 So in original. Probably should be "fibers."
- wool
- The term "wool" means the fiber from the fleece of a sheep.