Title 7 — Agriculture
Chapter 65 — Wheat and Wheat Foods Research and Nutrition Education
§ 3413. Certification of organizations
Statutory text
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:
geographic territory covered by the organization’s active membership,
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,
evidence of stability and permanency of the organization,
sources from which the organization’s operating funds are derived,
functions of the organization, and
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Food and Agriculture Act of 1977
Pub. L. 95–113 title XVII § 1714 · 91 Stat. 913
Enacted · 7 U.S.C. § 3413
(Pub. L. 95–113, title XVII, § 1714, Sept. 29, 1977, 91 Stat. 1039.)
Source evidence
Code source credit
(Pub. L. 95–113, title XVII, § 1714, Sept. 29, 1977, 91 Stat. 1039.)Enacted provision · exact public law section
Sec. 1714. certification of organizations The eligibility of any organization to represent wheat 7 USC 3413. producers, processors, end product manufacturers, or consumers to request the issuance of an order under section 1704(a) of this title and to participate in the making of nominations under section 1706 (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 Report. 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 Non-consumer organization, primary eligibility consideration. 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: Consumer organization, primary eligibility consideration. 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 title.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.