U.S. Code » Title 7 » Chapter CHAPTER 79— PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

7 U.S.C. § 4801

Congressional findings and declaration of purpose

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(a) Congress finds that—(1) pork and pork products are basic foods that are a valuable and healthy part of the human diet;(2) the production of pork and pork products plays a significant role in the economy of the United States because pork and pork products are—(A) produced by thousands of producers, including many small- and medium-sized producers; and(B) consumed by millions of people throughout the United States on a daily basis;(3) pork and pork products must be available readily and marketed efficiently to ensure that the people of the United States receive adequate nourishment;(4) the maintenance and expansion of existing markets, and development of new markets, for pork and pork products are vital to—(A) the welfare of pork producers and persons concerned with producing and marketing pork and pork products; and(B) the general economy of the United States;(5) pork and pork products move in interstate and foreign commerce;(6) pork and pork products that do not move in such channels of commerce directly burden or affect interstate commerce in pork and pork products; and(7) in recent years, increasing quantities of low-cost, imported pork and pork products have been brought into the United States and replaced domestic pork and pork products in normal channels of trade.(b)(1) It is the purpose of this chapter to authorize the establishment of an orderly procedure for financing, through adequate assessments, and carrying out an effective and coordinated program of promotion, research, and consumer information designed to—(A) strengthen the position of the pork industry in the marketplace; and(B) maintain, develop, and expand markets for pork and pork products.(2) Such procedure shall be implemented, and such program shall be conducted, at no cost to the Federal Government.(3) Nothing in this chapter may be construed to—(A) permit or require the imposition of quality standards for pork or pork products;(B) provide for control of the production of pork or pork products; or(C) otherwise limit the right of an individual pork producer to produce pork and pork products.(Pub. L. 99–198, title XVI, § 1612, Dec. 23, 1985, 99 Stat. 1607.)Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 99–198, title XVI, § 1631, Dec. 23, 1985, 99 Stat. 1622, provided that: “This subtitle [subtitle B (§§ 1611–1631) of title XVI of Pub. L. 99–198, enacting this chapter] shall become effective on January 1, 1986.”

Short Title

Pub. L. 99–198, title XVI, § 1611, Dec. 23, 1985, 99 Stat. 1606, provided that: “This subtitle [subtitle B (§§ 1611–1631) of title XVI of Pub. L. 99–198, enacting this chapter] may be cited as the ‘Pork Promotion, Research, and Consumer Information Act of 1985’.”

Notes of Decisions
Cited in 10 cases, 1996–2019 · leading case: Humane Soc'y of the U.S. v. Perdue, 290 F. Supp. 3d 5 (D.C. Cir. 2018).
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Humane Soc'y of the U.S. v. Perdue, 290 F. Supp. 3d 5 (D.C. Cir. 2018). · cites it 6× “Pursuant to the Pork Promotion, Research, and Consumer Information Act, 7 U.S.C. § 4801 et seq. ("Pork Act" or "the Act"), which established the pork checkoff program, the Secretary is required to approve the Board's annual budget each year.”
Humane Soc'y of the United States v. Vilsack, 797 F.3d 4 (D.C. Cir. 2015). “§§ 4801-19 , the purpose of which is to promote pork in the marketplace, see 7 U.S.C. § 4801 (b)(1). The Board strengthens, maintains, develops, and expands markets for pork and pork products through research and consumer information campaigns.”
Humane Soc'y of the United States v. Vilsack, 19 F. Supp. 3d 24 (D.D.C. 2013). · cites it 3× “” 7 U.S.C. § 4801 (b)(1) (2012). To carry out the goals of the pork checkoff program, the Pork Act instructed the Secretary of Agriculture to issue a pork promotion, research, and consumer information order applicable to persons engaged in the production and sale of porcine…”
Humane Soc'y of the United States v. Perdue, 935 F.3d 598 (D.C. Cir. 2019). “The Act authorizes the government to collect assessments (often called "checkoffs") from pork producers to finance efforts to "strengthen the position of the pork industry in the marketplace," 7 U.S.C. § 4801 (b)(1)(A), and "maintain, develop, and expand markets for pork and…”
Michigan Pork Producers v. Campaign for Fam. Farms, 229 F. Supp. 2d 772 (W.D. Mich. 2002). · cites it 2× “Ignoring preliminary questions for the minute, fundamentally this case asks the question of whether the system of mandated assessments for generic pork advertising created as a result of the Pork Production, Research and Consumer Education Act of 1985, 7 U.”
Michigan Pork Producers Ass'n v. Veneman, 348 F.3d 157 (6th Cir. 2003). · cites it 4× “The United States District Court for the Western District of Michigan declared the Pork Promotion, Research and Consumer Information Act (the “Pork Act”), 7 U.S.C. § 4801 et seq., and the Pork Promotion Order issued thereunder, 7 C.”
Michigan Pork Producers Ass'n v. Campaign for Fam. Farms, 174 F. Supp. 2d 637 (W.D. Mich. 2001). · cites it 2× “PROCEDURAL BACKGROUND In 1985, Congress enacted the Pork Promotion, Research and Consumer Education Act (“Pork Act”) 7 U.S.C. § 4801 , et seq. The Act was enacted as part of the Food Security Act of 1985, which included both the Pork Act and the Watermelon Act.”
Goetz v. Glickman, 920 F. Supp. 1173 (D. Kan. 1996). “The government has set up a pork promotion and research board (see Pork Promotion, Research, and Consumer Information Act of 1985, 7 U.S.C. § 4801 et seq.) which performs similar functions and funds comparable advertisements.”
Humane Soc'y of the United States v. Perdue (D.D.C. 2018). · cites it 5× “Pursuant to the Pork Promotion, Research, and Consumer Information Act, 7 U.S.C. § 4801 et seq. (“Pork Act” or “the Act”), which established the pork checkoff program, the Secretary is required to approve the Board’s annual budget each year.”
ANN VENEMAN, Sec'y, U.S. Dep't of Agric.,Nat'l DAIRY PROMOTION Bd., 359 F.3d 263 (3rd Cir. 2004). “Other stand-alone checkoff programs established by Congress which have been subject to First Amendment challenges include: Beef Research and Information Act of 1976 ("Beef Act”), 7 U.”
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