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. § 1230.74

Prohibited use of distributed assessments

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(a) No funds collected under this subpart shall in any manner be used for the purpose of influencing legislation as that term is defined in section 4911 (d) and (e)(2) of the Internal Revenue Code of 1954, or for the purpose of influencing governmental policy or action except in recommending to the Secretary amendments to this part.

(b) Organizations receiving distributions of assessments from the Board shall furnish the Board with annual financial statements audited by a certified public accountant of all funds distributed to such organizations pursuant to this subpart and any other reports as may be required by the Secretary or the Board in order to verify the use of such funds.

[51 FR 31903, Sept. 5, 1986, as amended at 53 FR 30245, Aug. 11, 1988; 60 FR 33683, June 29, 1995]
Notes of Decisions
Cited in 4 cases, 2013–2018 · leading case: Humane Soc'y of the United States v. Vilsack, 797 F.3d 4 (D.C. Cir. 2015).
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Humane Soc'y of the United States v. Vilsack, 797 F.3d 4 (D.C. Cir. 2015). “§ 4809 (e); 7 C.F.R. § 1230.74 . The plaintiffs sued the Secretary of the Department of Agriculture under the Administrative Procedure Act seeking an order enjoining the Board’s further payments to the Council and directing the Secretary to claw back what payments he can from…”
Humane Soc'y of the U.S. v. Perdue, 290 F. Supp. 3d 5 (D.C. Cir. 2018). · cites it 2× “§ 4809 (e) ; 7 C.F.R. § 1230.74 . II. FACTUAL BACKGROUND Plaintiff Harvey Dillenburg is an individual pork producer who has paid assessments into the pork checkoff program since it began.”
Humane Soc'y of the United States v. Vilsack, 19 F. Supp. 3d 24 (D.D.C. 2013). “§ 4809 (e); 7 C.F.R. § 1230.74 ; see Am. Compl. ¶42. NPPC is a trade association that lobbied for the passage of Pork Act and submitted the proposed rule that was later adopted, with minor modifications, as the initial Pork Order.”
Humane Soc'y of the United States v. Perdue (D.D.C. 2018). · cites it 2× “§ 4809 (e); 7 C.F.R. § 1230.74 . 6 The administrative record submitted to the Court case appears in the Joint Appendix.”
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