§1787. Agreements; marketing cooperatives, trade associations, etc., approval; referendum
The Secretary of Agriculture is authorized to enter into agreements with, or to approve agreements entered into between, marketing cooperatives, trade associations, or others engaged or whose members are engaged in the handling of wool, mohair, sheep, or goats or the products thereof for the purpose of developing and conducting on a national, State, or regional basis advertising and sales promotion programs and programs for the development and dissemination of information on product quality, production management, and marketing improvement, for wool, mohair, sheep, or goats or the products thereof. Advertising and sales promotion programs may be conducted outside of the United States for the purpose of maintaining and expanding foreign markets and uses for wool, mohair, sheep, or goats or the products thereof produced in the United States. Provision may be made in such agreement to obtain the funds necessary to defray the expenses incurred thereunder through pro rata deductions from the payments made under section 1784 of this title to producers within the production area he determines will be benefited by the agreement and for the assignment and transfer of the amounts so deducted to the person or agency designated in the agreement to receive such amounts for expenditure in accordance with the terms and conditions of the agreement. In any agreement entered into under this section, the Secretary shall prohibit the use of any funds made available through pro rata deductions from payments under section 1783 of this title in any manner for the purpose of influencing legislation or government action or policy, except for the development or recommendation to the Secretary of amendments to the research and promotion program. No agreement containing such a provision for defraying expenses through deductions shall become effective until the Secretary determines that a majority of the producers who, during a representative period determined by the Secretary, have been engaged, within the production area he determines will be benefited by the agreement, in the production for market of the commodity specified therein approve or favor such agreement or that producers who, during such representative period have produced a majority of the volume of such commodity produced within the area which will be benefited by such agreement, approve or favor such agreement. Approval or disapproval by cooperative associations shall be considered as approval or disapproval by the producers who are members of, stockholders in, or under contract with such cooperative association of producers. The Secretary may conduct a referendum among producers to ascertain their approval or favor. The requirements of approval or favor shall be held to be complied with if a majority of the total number of producers, or a majority of the total volume of production, as the case may be, represented in such referendum, indicate their approval or favor.
(Aug. 28, 1954, ch. 1041, title VII, §708,
Repeal of Section
Section repealed effective Dec. 31, 1995, see section 3(a) of Pub. L. 103 130, set out as an Effective Date of Repeal note under section 1782 of this title.
Amendments
1991-Pub. L. 102 237 inserted after third sentence "In any agreement entered into under this section, the Secretary shall prohibit the use of any funds made available through pro rata deductions from payments under section 1783 of this title in any manner for the purpose of influencing legislation or government action or policy, except for the development or recommendation to the Secretary of amendments to the research and promotion program."
1990-Pub. L. 101 624 substituted "a majority" for "at least two-thirds" in two places in fourth sentence and for "two-thirds" in two places in seventh sentence.
1985-Pub. L. 99 198 substituted "wool, mohair, sheep, or goats" for "mohair or goats" in second sentence.
1973-Pub. L. 91 524, §301(6), as added by Pub. L. 93 86, inserted reference to programs for the development and dissemination of information on product quality, production management, and marketing improvement and inserted provisions authorizing the conduct outside of the United States of advertising and sales promotion programs for the purpose of maintaining and expanding foreign markets and uses for mohair or goats or the products thereof produced in the United States.