7 U.S.C. § 4501

Congressional findings and declaration of policy

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(a) Congress finds that—(1) dairy products are basic foods that are a valuable part of the human diet;(2) the production of dairy products plays a significant role in the Nation’s economy, the milk from which dairy products are manufactured is produced by thousands of milk producers, and dairy products are consumed by millions of people throughout the United States;(3) dairy products must be readily available and marketed efficiently to ensure that the people of the United States receive adequate nourishment;(4) the maintenance and expansion of existing markets for dairy products are vital to the welfare of milk producers and those concerned with marketing, using, and producing dairy products, as well as to the general economy of the Nation; and(5) dairy products move in interstate and foreign commerce, and dairy products that do not move in such channels of commerce directly burden or affect interstate commerce of dairy products.(b) It, therefore, is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided herein, of an orderly procedure for financing (through assessments on all milk produced in the United States for commercial use and on imported dairy products) and carrying out a coordinated program of promotion designed to strengthen the dairy industry’s position in the marketplace and to maintain and expand domestic and foreign markets and uses for fluid milk and dairy products. Nothing in this subchapter may be construed to provide for the control of production or otherwise limit the right of individual milk producers to produce milk or the right of any person to import dairy products.(Pub. L. 98–180, title I, § 110, Nov. 29, 1983, 97 Stat. 1136; Pub. L. 107–171, title I, § 1505(h)(1), May 13, 2002, 116 Stat. 210.)Editorial NotesAmendments

2002—Subsec. (b). Pub. L. 107–171 inserted “and on imported dairy products” after “commercial use” and struck out “produced in the United States” after “fluid milk and dairy products” in first sentence and inserted “or the right of any person to import dairy products” before period at end of second sentence.

Statutory Notes and Related SubsidiariesShort Title

For short title of title I of Pub. L. 98–180 as the “Dairy Production Stabilization Act of 1983”, see Short Title of 1983 Amendment note set out under section 1421 of this title.

Notes of Decisions

Cited in 3 cases, 2003–2004 · leading case: Forum for Academic & Institutional Rights v. Rumsfeld, 390 F.3d 219 (3rd Cir. 2004).

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Forum for Academic & Institutional Rights v. Rumsfeld, 390 F.3d 219 (3rd Cir. 2004). · cites it 2× “Unlike Cochran, there were no mandatory assessments similar to those imposed on milk producers under the Dairy Promotion Stabilization Act of 1983, 7 U.S.C. § 4501 et seq. The teachings of United 92 Foods and Cochran are not applicable because, unlike the compelled advertising…”

ANN VENEMAN, Sec'y, U.S. Dep't of Agric.,Nat'l DAIRY PROMOTION Bd., 359 F.3d 263 (3rd Cir. 2004). · cites it 4× “prescribed by the order shall be Act of 1983, 7 U.S.C. § 4501 et seq. 15 cents per hundredweight of (“Dairy Promotion Act,” “Dairy Act,” or milk for commercial use or the “Act”), provides for the creation of the equivalent thereof, as determined Dairy Promotion Program and…”

Cochran v. Veneman, 252 F. Supp. 2d 126 (M.D. Penn. 2003). · cites it 3× “7 U.S.C. §§ 4501 (a)(l)-(4). In so doing, Congress declared that it is in the public interest to authorize the establishment, through the exercise of the powers provided herein, of an orderly procedure for financing (through assessments on all milk produced in the United States…”

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