[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 2500 Enrolled Bill (ENR)]
S.2500
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To enable producers and feeders of sheep and importers of sheep and
sheep products to develop, finance, and carry out a nationally
coordinated program for sheep and sheep product promotion, research, and
information, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

e458d989b64a657caa38bb32bba0be31f3d438bcb38dcd2919e1db40dd6b3262

This Act may be cited as the ``Sheep Promotion, Research, and
Information Act of 1994''.

49eaf7ca455aecf25da65fb0208199b7092b7cd8008076a14e3b0e3342516d5c

(a) Findings.--Congress finds that--
(1) sheep and sheep products are important goods;
(2) the production of sheep and sheep products play a
significant role in the economy of the United States in that sheep
and sheep products are produced throughout the United States and
used by millions of people throughout the United States and foreign
countries;
(3) sheep and sheep products must be high quality, readily
available, handled properly, and marketed efficiently to ensure
that consumers have an adequate supply of sheep products;
(4) the maintenance and expansion of existing markets and
development of new markets for sheep and sheep products are vital
to the welfare of sheep producers and persons concerned with
marketing, using, and producing sheep and sheep products, as well
as to the general economy of the United States, and necessary to
ensure the ready availability and efficient marketing of sheep and
sheep products;
(5) there exist established State organizations conducting
sheep and sheep product promotion, research, and industry and
consumer education programs that are invaluable to the efforts of
promoting the consumption of sheep and sheep products;
(6) the cooperative development, financing, and implementation
of a coordinated national program of sheep and sheep product
promotion, research, consumer information, education, and industry
information are necessary to maintain and expand existing markets
and develop new markets for sheep and sheep products; and
(7) sheep and sheep products move in interstate and foreign
commerce, and sheep and sheep products that do not move in such
channels of commerce directly burden or affect interstate commerce
in sheep and sheep products.
(b) Policy.--It is the policy of Congress that it is in the public
interest to authorize the establishment, through the exercise of the
powers provided in this Act, of an orderly procedure for developing,
financing (through adequate assessments on sheep and sheep products
produced or imported into the United States), and carrying out an
effective, continuous, coordinated program of promotion, research,
consumer information, education, and industry information designed to--
(1) strengthen the position of the sheep and sheep product
industry in the marketplace;
(2) maintain and expand existing domestic and foreign markets
and uses for sheep and sheep products; and
(3) develop new markets and uses for sheep and sheep products.
(c) Construction.--Nothing in this Act provides for the control of
production, or otherwise limits, the right of any person to produce
sheep or sheep products.

ced497923ccae485da3e7d85f72686320c5eb33d2ae61303ad3050baa3a2aa87

As used in this Act (unless the context clearly requires
otherwise):
(1) Board.--The term ``Board'' means the National Sheep
Promotion, Research, and Information Board established under
section 5(b).
(2) Carbonized wool.--The term ``carbonized wool'' means wool
that has been immersed in a bath, usually of mineral acids or acid
salts, that destroys vegetable matter in the wool, but does not
affect the wool fibres.
(3) 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.
(4) Customs service.--The term ``Customs Service'' means United
States Customs Service of the Department of the Treasury.
(5) Degreased wool.--The term ``degreased wool'' means wool
from which the bulk of impurities has been removed by processing.
(6) Department.--The term ``Department'' means the United
States Department of Agriculture.
(7) Education.--The term ``education'' means activities
providing information relating to the sheep industry or sheep
products to producers, feeders, importers, consumers, and other
persons.
(8) Executive committee.--The term ``Executive Committee''
means the Executive Committee established under section 5(g).
(9) Exporter.--The term ``exporter'' means any person who
exports domestic live sheep or greasy wool from the United States.
(10) Feeder.--The term ``feeder'' means a person who feeds
lambs until the lambs reach slaughter weight.
(11) Greasy wool.--The term ``greasy wool'' means wool that has
not been washed or otherwise cleaned.
(12) Handler.--The term ``handler'' means any person who
purchases and markets greasy wool.
(13) Importer.--The term ``importer'' means any person who
imports sheep or sheep products into the United States.
(14) 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.
(15) Order.--The term ``order'' means a sheep and wool
promotion, research, education, and information order issued under
section 4.
(16) Person.--The term ``person'' means any individual, group
of individuals, partnership, corporation, association, cooperative,
or any other legal entity.
(17) Processor.--The term ``processor'' means any person who
slaughters sheep or processes greasy wool into degreased wool.
(18) Producer.--The term ``producer'' means any person, other
than a feeder, who owns or acquires ownership of sheep.
(19) 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.
(20) 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.
(21) Pulled wool.--The term ``pulled wool'' means wool that is
pulled from the skin of a slaughtered sheep.
(22) Qualified state sheep board.--The term ``qualified State
sheep board'' means a sheep and wool promotion entity that--
(A) is authorized by State statute or is otherwise
organized and operating within a State;
(B) receives voluntary contributions or dues and conducts
promotion, research, or consumer information programs with
respect to sheep or wool, or both; and
(C) is recognized by the Board as the sheep and wool
promotion entity within the State;
except that not more than 1 qualified State sheep board shall exist
in any State at any 1 time.
(23) Raw wool.--The term ``raw wool'' means greasy wool, pulled
wool, degreased wool, or carbonized wool.
(24) 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.
(25) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(26) Sheep.--The term ``sheep'' means ovine animals of any age,
including lambs.
(27) Sheep products.--The term ``sheep products'' means
products produced, in whole or in part, from sheep, including wool
and products containing wool fiber.
(28) State.--The term ``State'' means each of the 50 States.
(29) Unit.--The term ``unit'' means each State, group of
States, or class designation that is represented on the Board.
(30) United states.--The term ``United States'' means the 50
States and the District of Columbia.
(31) Wool.--The term ``wool'' means the fiber from the fleece
of a sheep.
(32) Wool products.--The term ``wool products'' means products
produced, in whole or in part, from wool and products containing
wool fiber.

110f420322cfc1b67493438454ed1411cbfca45539cc1dd9f63ab3ce4653edf4

(a) In General.--Subject to subsection (b), the Secretary shall
issue orders under this Act applicable to producers, feeders,
importers, handlers, and purchasers of sheep and sheep products. Any
order shall be national in scope. Not more than 1 order shall be in
effect under this Act at any 1 time.
(b) Procedure.--
(1) Proposal or request for issuance.--The Secretary may
propose the issuance of an order under this Act, or an association
of producers may request the issuance of, and submit a proposal
for, an order.
(2) Notice and comment concerning proposed order.--Not later
than 60 days after the receipt of a request and proposal for an
order under paragraph (1), the Secretary shall publish a proposed
order and give due notice and opportunity for public comment on the
proposed order.
(3) Issuance of orders.--After notice and opportunity for
public comment are given as provided in paragraph (2), the
Secretary shall issue an order, taking into consideration the
comments received, that includes provisions necessary to ensure
that the order is in conformity with this Act. The order shall be
issued not later than 180 days following publication of the
proposed order.
(4) Referendum.--The order shall go into effect only if the
order is approved by producers, feeders, and importers in a
referendum conducted under section 6.
(c) Amendments.--The Secretary, from time to time, may amend any
order issued under this Act.

592a99c057d01272f913375fab75c6f60278914b2882e14eb0e53f0afc4bb7df

2ba8c1d7e7c72111e3a1d7ec50b2121e5accc4dab51d835a7c154911d1057007

(a) Initial Referendum.--
(1) In general.--Following the issuance of an order under
section 4, the Secretary shall conduct a referendum among
producers, feeders, and importers who, during a representative
period as determined by the Secretary, have been engaged in the
production, feeding, or importation of sheep or sheep products for
the purpose of ascertaining whether the order shall go into effect.
(2) Approval of order.--The order shall become effective only
if the Secretary determines that the order has been approved by not
less than a majority of the producers, feeders, and importers
voting in the referendum or at least \2/3\ of the production
represented by persons voting in the referendum.
(b) Additional Referenda.--
(1) In general.--After the initial referendum, on the request
of a representative group comprising 10 percent or more of the
producers, feeders, and importers who, during a representative
period as determined by the Secretary, have been engaged in the
production, feeding, importation, or processing of sheep or sheep
products, the Secretary shall conduct a referendum of producers,
feeders, and importers to determine whether the producers, feeders,
and importers favor the termination or suspension of the order.
(2) Suspension or termination.--If the Secretary determines
that suspension or termination of the order is favored by a
majority of the producers, feeders, and importers voting in the
referendum or at least \2/3\ of the production represented by the
persons voting in the referendum, the Secretary shall suspend or
terminate--
(A) collection of assessments under the order not later
than 180 days after the determination; and
(B) the order in an orderly manner as soon as practicable
after the determination.
(c) Procedures.--
(1) Reimbursement.--
(A) In general.--Except as provided in subparagraph (B),
the Board shall reimburse the Secretary for any expenses
incurred by the Secretary in connection with the conduct of any
referendum under this section.
(B) Federal employee salaries.--The Board shall not be
required to reimburse the Secretary for the salaries of Federal
employees under subparagraph (A) if the Secretary determines
that the reimbursement would be overly burdensome and costly.
(2) Date.--Each referendum under this section shall be
conducted on a date established by the Secretary, under a procedure
by which producers, feeders, and importers intending to vote in the
referendum shall certify that the producers, feeders, and importers
were engaged in the production, feeding, or importation of sheep or
sheep products during the representative period and, on the same
day, shall be provided an opportunity to vote in the referendum.
(3) Place.--Referenda under this section shall be conducted at
locations determined by the Secretary. Absentee mail ballots shall
be furnished by the Secretary on request made in person, by mail,
or by telephone.
(4) Allocation of production.--The Secretary shall determine a
method of allocating, by a pro rata percentage of annual projected
or actual assessments from importers, the volume of production
represented by importers in referenda conducted pursuant to this
section.

541d002db53834a2ea75cce66c03191e3325410ab4f445c577bca16f45a9fa4f

(a) Petition.--
(1) In general.--A person subject to an order issued under this
Act may file with the Secretary a petition--
(A) stating that the order, any provision of the order, or
any obligation imposed in connection with the order is not
established in accordance with law; and
(B) requesting a modification of the order or an exemption
from the order.
(2) Hearings.--The petitioner shall be given an opportunity for
a hearing on the petition, in accordance with regulations issued by
the Secretary.
(3) Ruling.--After the hearing, the Secretary shall make a
ruling on the petition. The ruling shall be final if the ruling is
in accordance with law.
(b) Review.--
(1) Commencement of action.--The district court of the United
States for any district in which a person who is a petitioner under
subsection (a) resides or carries on business shall have
jurisdiction to review the ruling on the petition of the person, if
a complaint for that purpose is filed not later than 20 days after
the date of the entry of the ruling by the Secretary under
subsection (a)(3).
(2) Process.--Service of process in a proceeding may be
conducted on the Secretary by delivering a copy of the complaint to
the Secretary, under such rules or regulations as are considered
necessary by the Secretary to facilitate the service of process.
(3) Remands.--If the court determines that the ruling is not in
accordance with law, the court shall remand the matter to the
Secretary with directions--
(A) to make such ruling as the court shall determine to be
in accordance with law; or
(B) to take such further action as, in the opinion of the
court, the law requires.

91fedc119ffef135832b5caf4fc391e7042ca78de7b05cd7b9766769ce8f1839

(a) Jurisdiction.--Each district court of the United States shall
have jurisdiction specifically to enforce, and to prevent and restrain
a person from violating, an order or regulation issued under this Act.
(b) Referral to Attorney General.--A civil action authorized to be
brought under this section shall be referred to the Attorney General
for appropriate action, except that the Secretary is not required to
refer to the Attorney General a violation of this Act, if the Secretary
believes that the administration and enforcement of this Act would be
adequately served by providing a suitable written notice or warning to
the person who committed the violation or by an administrative action
under section 7.
(c) Civil Penalties and Orders.--
(1) Civil penalties.--A person who willfully violates an order
or regulation issued by the Secretary under this Act may be
assessed by the Secretary--
(A) a civil penalty of not more than $1,000 for each such
violation; and
(B) in the case of a willful failure to pay, collect, or
remit an assessment as required by the order, an additional
penalty equal to the amount of the assessment.
(2) Separate offense.--Each violation shall be a separate
offense.
(3) Cease-and-desist orders.--In addition to, or in lieu of,
the civil penalty, the Secretary may issue an order requiring the
person to cease and desist from violating the order or regulation.
(4) Notice and hearing.--No order assessing a penalty or cease-
and-desist order may be issued by the Secretary under this
subsection unless the Secretary provides notice and an opportunity
for a hearing on the record with respect to the violation.
(5) Finality.--An order assessing a penalty or a cease-and-
desist order issued under this subsection by the Secretary shall be
final and conclusive unless the person against whom the order is
issued files an appeal from the order with the United States court
of appeals, as provided in subsection (d), not later than 30 days
after the person receives notice of the order.
(d) Review by Court of Appeals.--
(1) In general.--A person against whom an order is issued under
subsection (c) may obtain review of the order by--
(A) filing, not later than 30 days after the date of the
order, a notice of appeal in--
(i) the United States court of appeals for the circuit
in which the person resides or carries on business; or
(ii) the United States Court of Appeals for the
District of Columbia Circuit; and
(B) simultaneously sending a copy of the notice of appeal
by certified mail to the Secretary.
(2) Record.--The Secretary shall file promptly in the court a
certified copy of the record on which the Secretary has determined
that the person has committed a violation.
(3) Standard of review.--A finding of the Secretary under this
section shall be set aside only if the finding is found to be
unsupported by substantial evidence.
(e) Failure to Obey Orders.--A person who fails to obey a valid
cease-and-desist order issued by the Secretary under this section,
after an opportunity for a hearing, shall be subject to a civil penalty
assessed by the Secretary of not more than $500 for each offense. Each
day during which the failure continues shall be considered to be a
separate violation of the order.
(f) Failure to Pay Penalties.--If a person fails to pay a valid
civil penalty imposed under this section by the Secretary, the
Secretary shall refer the matter to the Attorney General for recovery
of the amount assessed in the district court of the United States for
any district in which the person resides or carries on business. In the
action, the validity and appropriateness of the order imposing the
civil penalty shall not be subject to review.
(g) Additional Remedies.--The remedies provided in this section
shall be in addition to, and not exclusive of, other remedies that may
be available.

ca95e2bb8d721af2ffc3bf2b967598e766648a01e61d490e9b0575f5e530fa77

(a) Investigations.--The Secretary may make such investigations as
the Secretary considers necessary--
(1) for the effective administration of this Act; or
(2) to determine whether any person subject to this Act has
engaged, or is about to engage, in any action that constitutes or
will constitute a violation of this Act, or of any order or
regulation issued under this Act.
(b) Subpoenas, Oaths, and Affirmations.--For the purpose of any
investigation under subsection (a), the Secretary may administer oaths
and affirmations, subpoena witnesses, compel the attendance of
witnesses, take evidence, and require the production of any records
that are relevant to the inquiry. The attendance of witnesses and the
production of any such records may be required from any place in the
United States.
(c) Aid of Courts.--In the case of contumacy by, or refusal to obey
a subpoena issued to, any person, the Secretary may invoke the aid of
any court of the United States within the jurisdiction of which the
investigation or proceeding is carried on, or where the person resides
or carries on business, in order to require the attendance and
testimony of the person or the production of records. The court may
issue an order requiring the person to appear before the Secretary to
produce records or to give testimony regarding the matter under
investigation.
(d) Contempt.--Any failure to obey the order of the court may be
punished by the court as a contempt of the court.
(e) Process.--Process in any case under this section may be served
in the judicial district in which the person resides or carries on
business or wherever the person may be found.

0b146ea503abcb9461f5cfc21309e9931c664f34916f9fe586437472c039534a

(a) Construction.--Nothing in this Act preempts or supersedes any
other program relating to sheep promotion, research, or information
organized and operated under the laws of the United States or any
State.
(b) Amendments to Orders.--The provisions of this Act applicable to
an order shall be applicable to amendments to the order, except that
the Secretary is not required to conduct a referendum on a proposed
amendment to an order.

c43d6b5cd4c27d736164b53d1499eaad65018f409ca9a16524a0dee58800c872

The Secretary may issue such regulations as are necessary to carry
out this Act.

201facdf498d821431be887a3f6317cb917f2d38e1e50dd7a57cd4b1b40b44c0

(a) In General.--There are authorized to be appropriated for each
fiscal year such sums as are necessary to carry out this Act.
(b) Administrative Expenses.--Funds appropriated under subsection
(a) shall not be available for payment of the expenses or expenditures
of the Board in administering any provision of any order issued under
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

291251ddba0d150fe7eb00923057c7239797d513e8a84a8e32ebe60f722e34e4

Sheep Promotion, Research, and Information Act of 1994

Other Sections

Want the full experience?