7 USC § 3413 - Certification of organizations | Title 7 - Agriculture | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

The eligibility of any organization to represent wheat producers, processors, end product manufacturers, or consumers to request the issuance of an order under section 3403 (a) of this title and to participate in the making of nominations under section 3405 (b) of this title, shall be certified by the Secretary. The Secretary shall certify any organization which the Secretary finds to be eligible under this section and the Secretary’s determination as to eligibility shall be final. Certification shall be based, in addition to other available information, upon a factual report submitted by the organization which shall contain information deemed relevant and specified by the Secretary for the making of such determination, including, but not limited to, the following:

(a) geographic territory covered by the organization’s active membership,

(b) nature and size of the organization’s active membership, including, in the case of an organization other than a consumer organization, the proportion of the total number of active wheat producers, processors, or end product manufacturers represented by the organization,

(c) evidence of stability and permanency of the organization,

(d) sources from which the organization’s operating funds are derived,

(e) functions of the organization, and

(f) the organization’s ability and willingness to further the aims and objectives of this title: Provided, That the primary consideration in determining the eligibility of an organization, other than a consumer organization, shall be whether its membership consists primarily of wheat producers, processors, or end product manufacturers who produce a substantial volume of wheat, processed wheat, or end products, respectively, and whether the organization is based on a primary or overriding interest in the production, processing, or end manufacture of wheat or wheat products, and the nutritional attributes thereof: Provided further, That the primary consideration in determining the eligibility of a consumer organization shall be whether

(1) a principal purpose of the organization is to promote consumer interests, consumer research, or consumer education,

(2) such organization has a broadly representative constituency of consumers, with active membership participation on a regular basis, and

(3) the organization has demonstrated to the Secretary’s satisfaction its commitment to the achievement of the objectives of this chapter.

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The eligibility of any organization to represent wheat producers, processors, end product manufacturers, or consumers to request the issuance of an order under section 3403 (a) of this title and to participate in the making of nominations under section 3405 (b) of this title, shall be certified by the Secretary. The Secretary shall certify any organization which the Secretary finds to be eligible under this section and the Secretary’s determination as to eligibility shall be final. Certification shall be based, in addition to other available information, upon a factual report submitted by the organization which shall contain information deemed relevant and specified by the Secretary for the making of such determination, including, but not limited to, the following:

(a) geographic territory covered by the organization’s active membership,

(b) nature and size of the organization’s active membership, including, in the case of an organization other than a consumer organization, the proportion of the total number of active wheat producers, processors, or end product manufacturers represented by the organization,

(c) evidence of stability and permanency of the organization,

(d) sources from which the organization’s operating funds are derived,

(e) functions of the organization, and

(f) the organization’s ability and willingness to further the aims and objectives of this title: Provided, That the primary consideration in determining the eligibility of an organization, other than a consumer organization, shall be whether its membership consists primarily of wheat producers, processors, or end product manufacturers who produce a substantial volume of wheat, processed wheat, or end products, respectively, and whether the organization is based on a primary or overriding interest in the production, processing, or end manufacture of wheat or wheat products, and the nutritional attributes thereof: Provided further, That the primary consideration in determining the eligibility of a consumer organization shall be whether

(1) a principal purpose of the organization is to promote consumer interests, consumer research, or consumer education,

(2) such organization has a broadly representative constituency of consumers, with active membership participation on a regular basis, and

(3) the organization has demonstrated to the Secretary’s satisfaction its commitment to the achievement of the objectives of this chapter.

Source

(Pub. L. 95–113, title XVII, § 1714,Sept. 29, 1977, 91 Stat. 1039.)

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt [tbl]" means note [table].
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"omitted" means the section is omitted.
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"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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7 USC	Description of Change	Session Year	Public Law	Statutes at Large

7 USC § 3413 - Certification of organizations

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