C.F.R. » Title 7 » CHAPTER XI—AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE › PART 1230—PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION › Subpart A—Pork Promotion, Research, and Consumer Information Order

7 C.F.R. § 1230.60

Promotion, research, and consumer information

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(a) The Board shall receive and evaluate, or, on its own initiative, develop, and submit to the Secretary for approval, any plans and projects. Such plans and projects shall provide for:

(1) The establishment, issuance, effectuation, and administration of appropriate plans and projects for promotion, research, and consumer information with respect to pork and pork products designed to strengthen the position of the pork industry in the marketplace and to maintain, develop, and expand domestic and foreign markets for pork and pork products;

(2) The establishment and conduct of research and studies with respect to the sale, distribution, marketing, and utilization of pork and pork products and the creation of new products thereof, to the end that marketing and utilization of pork and pork products may be encouraged, expanded, improved, or made more acceptable.

(b) Each plan and project shall be periodically reviewed or evaluated by the Board to ensure that the plan and project contributes to an effective and coordinated program of promotion, research, and consumer information. If it is found by the Board that any such plan and project does not further the purposes of the Act, the Board shall terminate such plan and project.

(c) No plan or project shall make a false or misleading claim on behalf of pork or a pork product or a false or misleading statement with respect to an attribute or use of a competing product.

(d) No plan or project shall undertake to advertise or promote pork or pork products by private brand or trade name unless such advertisement or promotion is specifically approved by the Board, with the concurrence of the Secretary.

Notes of Decisions
Cited in 4 cases, 2013–2018 · leading case: Humane Society of the United States v. Vilsack
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Humane Soc'y of the United States v. Vilsack, 797 F.3d 4 (D.C. Cir. 2015). “§ 4808 (b)(3); 7 C.F.R. § 1230.60 (a). In this opinion, for clarity and concision, we attribute Board-recommended, Secretary-approved actions to the Board even though ultimate authority and liability for those actions runs against the Secretary.”
Humane Soc'y of the U.S. v. Perdue, 290 F. Supp. 3d 5 (D.C. Cir. 2018). · cites it 2× “§ 4808 (a) - (b) ; 7 C.F.R. § 1230.60 (a). It is also responsible for periodically reviewing plans or projects for effectiveness and terminating those that do not further the purposes of the Act.”
Humane Soc'y of the United States v. Vilsack, 19 F. Supp. 3d 24 (D.D.C. 2013). · cites it 2× “§ 4808 (b)(3); 7 C.F.R. § 1230.60 (a). With the approval of the Secretary, the Board may enter into contracts for “the development and conduct of activities authorized under” the Pork Order.”
Humane Soc'y of the United States v. Perdue (D.D.C. 2018). · cites it 2× “§ 4808 (a)–(b); 7 C.F.R. § 1230.60 (a). It is also responsible for periodically reviewing plans or projects for effectiveness and terminating those that do not further the purposes of the Act.”
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