§ 2711. — Exempted egg producers and breeding hen flocks; conditions and procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2711]
TITLE 7--AGRICULTURE
CHAPTER 60--EGG RESEARCH AND CONSUMER INFORMATION
Sec. 2711. Exempted egg producers and breeding hen flocks;
conditions and procedures
(a) In general
The following shall be exempt from the specific provisions of this
chapter under such conditions and procedures as may be prescribed in the
order or rules and regulations issued thereunder:
(1) Any egg producer whose aggregate number of laying hens at
any time during a 3-consecutive-month period immediately prior to
the date assessments are due and payable has not exceeded 75,000
laying hens, as determined under subsection (b) of this section.
(2) Any flock of breeding hens whose production of eggs is
primarily utilized for the hatching of baby chicks.
(b) Number of laying hens
(1) In general
For purposes of subsection (a)(1) of this section, the aggregate
number of laying hens owned by an egg producer shall include--
(A) in cases in which the producer is an individual, laying
hens owned by such producer or members of such producer's family
that are effectively under the control of such producer, as
determined by the Secretary;
(B) in cases in which the producer is a general partnership
or similar entity, laying hens owned by the entity and all
partners or equity participants in the entity; and
(C) in cases in which the producer holds 50 percent or more
of the stock or other beneficial interest in a corporation,
joint stock company, association, cooperative, limited
partnership, or other similar entity, laying hens owned by the
entity.
Ownership of laying hens by a trust or similar entity shall be
considered ownership by the beneficiaries of the trust or other
entity.
(2) Stock or beneficial interests
For purposes of paragraph (1)(C), stock or other beneficial
interest in an entity that is held by--
(A) members of the producer's family described in paragraph
(1)(A);
(B) a general partnership or similar entity in which the
producer is a partner or equity participant;
(C) the partners or equity participants in an entity of the
type described in subparagraph (B); or
(D) a corporation, joint stock company, association,
cooperative, limited partnership, or other similar entity in
which the producer holds 50 percent or more of the stock or
other beneficial interests,
shall be considered as held by the producer.
(Pub. L. 93-428, Sec. 12, Oct. 1, 1974, 88 Stat. 1176; Pub. L. 101-220,
Sec. 3(a), Dec. 12, 1989, 103 Stat. 1877; Pub. L. 103-188, Sec. 4, Dec.
14, 1993, 107 Stat. 2257.)
Amendments
1993--Subsec. (a)(1). Pub. L. 103-188 substituted ``75,000'' for
``30,000''.
1989--Pub. L. 101-220 amended section generally. Prior to amendment,
section read as follows: ``The following may be exempt from specific
provisions of this chapter under such conditions and procedures as may
be prescribed in the order or rules and regulations issued thereunder:
``(a) Any egg producer whose aggregate number of laying hens at any
time during a three-consecutive-month period immediately prior to the
date assessments are due and payable has not exceeded three thousand
laying hens.
``(b) Any flock of breeding hens whose production of eggs is
primarily utilized for the hatching of baby chicks.''
Egg Promotion and Research Order
Section 3(b) of Pub. L. 101-220 provided that:
``(1) Amendment.--The Secretary of Agriculture shall issue an
amendment to the egg promotion and research order issued under the Egg
Research and Consumer Information Act (7 U.S.C. 2701 et seq.) to
implement the amendments made by this section [amending this section].
Such amendment shall be issued after public notice and opportunity for
comment in accordance with section 553 of title 5, United States Code,
and without regard to sections 556 and 557 of such title. The Secretary
shall issue a proposed amendment to such order not later than 30 days
after the date of enactment of this Act [Dec. 12, 1989].
``(2) Effective date.--The amendment to the egg promotion and
research order required by paragraph (1) shall become effective no later
than March 1, 1990, and shall not be subject to a referendum under the
Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.).''
