Page:United States Statutes at Large Volume 99 Part 2.djvu/489

 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 15d9

"(10) The term 'order' means a beef promotion and research order issued under section 4. Infra. "(11) the term 'person' means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity; "(12) the term 'producer' means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if the person's only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee; "(13) the term 'promotion' means any action, including paid advertising, to advance the image and desirability of beef and beef products with the express intent of improving the competitive position and stimulating sales of beef and beef products in the marketplace; "(14) the term 'qualified State beef council' means a beef promotion entity that is authorized by State statute or is organized and operating within a State, that receives voluntary contributions and conducts beef promotion, research, and consumer information programs, and that is recognized by the Board as the beef promotion entity within such State; "(15) the term research' means studies testing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of beef and beef products, other related food science research, and new product development; "(16) the term 'Secretary' means the Secretary of Agriculture; "(17) The term 'State' means each of the 50 States; and "(18) the term 'United States' means the several Stat^ and the District of (Columbia. "ISSUANCE OP ORDERS

"SEC. 4. (a) During the period beginning on the effective date of 7 USC 2903. this section and enchng thirty days after receipt of a proposal for a beef promotion and research order, the Secretary shall publish such proposed order and give due notice and opportunity for public comment on such proposed order. Such proposal may be submitted by any organization meeting the requirements for certification under section 6 or any interested person, including the Secretary. Post, p. 1603. "(b) After notice and opportunity for public comment are given, as provided for in subsection (a), the Secretary shall issue a beef promotion and research order. The order shall become effective not Effective date, later than one hundred and twenty days following publication of the proposed order. "REQUIRED TERMS IN ORDERS

"SEC. 5. An order issued under section 4(b) shall contain the 7 USC 2904. following terms and conditions: Supra. "(1) The order shall provide for the establishment and selection of a Cattlemen's Beef Promotion and Research Board. Members of the Board shall be cattle producers and importers appointed by the Secretary from (A) nominations submitted by eligible State organizations certified under section 6 (or, if the Secretary determines that there is no eligible State organization in a State, the Secretary may provide for nominations from such State to be made in a different manner), and (B) nominations submitted by importers under such procedures as the

�