§ 3413. — Certification of organizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC3413]
TITLE 7--AGRICULTURE
CHAPTER 65--WHEAT AND WHEAT FOODS RESEARCH AND NUTRITION EDUCATION
Sec. 3413. Certification of organizations
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.
(Pub. L. 95-113, title XVII, Sec. 1714, Sept. 29, 1977, 91 Stat. 1039.)
Section Referred to in Other Sections
This section is referred to in sections 3403, 3405 of this title.
