§ 6401. — Findings and declaration of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6401]
TITLE 7--AGRICULTURE
CHAPTER 93--PROCESSOR-FUNDED MILK PROMOTION PROGRAM
Sec. 6401. Findings and declaration of policy
(a) Findings
Congress finds that--
(1) fluid milk products are basic foods and are a primary source
of required nutrients such as calcium, and otherwise are a valuable
part of the human diet;
(2) fluid milk products must be readily available and marketed
efficiently to ensure that the people of the United States receive
adequate nourishment;
(3) the dairy industry plays a significant role in the economy
of the United States, in that milk is produced by thousands of milk
producers and dairy products (including fluid milk products) are
consumed every day by millions of people in the United States;
(4) the processing of milk into fluid milk products and the
marketing of such products are important to the dairy industry
because the fluid milk segment of the dairy market contributes
substantially to ensuring that the prices paid to milk producers for
raw milk are stable and adequate to maintain the overall strength of
the dairy industry;
(5) the maintenance and expansion of markets for fluid milk
products are vital to the Nation's fluid milk processors and milk
producers, as well as to the general economy of the United States;
(6) the congressional purpose underlying this chapter is to
maintain and expand markets for fluid milk products, not to maintain
or expand any processor's share of those markets and that the
chapter does not prohibit or restrict individual advertising or
promotion of fluid milk products since the programs created and
funded by this chapter are not extended to replace individual
advertising and promotion efforts;
(7) the cooperative development, financing, and implementation
of a coordinated program of advertising and promotion of fluid milk
products is necessary to maintain and expand markets for fluid milk
products;
(8) it is appropriate to finance the cooperative program
described in paragraph (6) \1\ with self-help assessments paid by
the fluid milk processors; and
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\1\ So in original. Probably should be paragraph ``(7)''.
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(9) fluid milk products move in interstate and foreign commerce,
and fluid milk products that do not move in such channels of
commerce directly burden or affect interstate commerce in fluid milk
products.
(b) Policy
It is declared to be the policy of Congress that it is in the public
interest to authorize the establishment, through the exercise of powers
provided in this chapter, of an orderly procedure for developing,
financing, through adequate assessments on fluid milk products produced
in the United States and carrying out an effective, continuous, and
coordinated program of promotion, research, and consumer information
designed to strengthen the position of the dairy industry in the
marketplace and maintain and expand domestic and foreign markets and
uses for fluid milk products, the purpose of which is not to compete
with or replace individual advertising or promotion efforts designed to
promote individual brand name or trade name fluid milk products, but
rather to maintain and expand the markets for all fluid milk products,
with the goal and purpose of this chapter being a national governmental
goal that authorizes and funds programs that result in government speech
promoting government objectives.
(Pub. L. 101-624, title XIX, Sec. 1999B, Nov. 28, 1990, 104 Stat. 3914;
Pub. L. 104-127, title I, Sec. 146(a), (b), Apr. 4, 1996, 110 Stat.
918.)
Amendments
1996--Subsec. (a)(6) to (9). Pub. L. 104-127, Sec. 146(a), added
par. (6) and redesignated former pars. (6) to (8) as (7) to (9),
respectively.
Subsec. (b). Pub. L. 104-127, Sec. 146(b), amended heading and text
of subsec. (b) generally. Text read as follows: ``It is declared to be
the policy of Congress that it is in the public interest to authorize
the establishment, through the exercise of the powers provided in this
chapter, of an orderly procedure for developing, financing (through
adequate assessments on fluid milk products produced in the United
States) and carrying out an effective and coordinated program of
advertising designed to strengthen the position of the dairy industry in
the marketplace and to maintain and expand markets and uses for fluid
milk products produced in the United States. Nothing in this chapter
shall be construed to provide for the control of production or otherwise
limit the right of individual milk producers to produce milk.''
Short Title of 1993 Amendment
Pub. L. 103-72, Sec. 1, Aug. 11, 1993, 107 Stat. 717, provided that:
``This Act [amending sections 6402 and 6409 of this title] may be cited
as the `Fluid Milk Promotion Amendments Act of 1993'.''
Short Title
Section 1999A of Pub. L. 101-624 provided that: ``This subtitle
[subtitle H (Secs. 1999A--1999R) of title XIX of Pub. L. 101-624,
enacting this chapter] may be cited as the `Fluid Milk Promotion Act of
1990'.''
Section Referred to in Other Sections
This section is referred to in section 6403 of this title.
