U.S. Code » Title 7 » Chapter CHAPTER 90— MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

7 U.S.C. § 6101

Findings and declaration of policy

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 7 CasesGoogle Scholar
(a) FindingsCongress finds that—(1) mushrooms are an important food that is a valuable part of the human diet;(2) the production of mushrooms plays a significant role in the Nation’s economy in that mushrooms are produced by hundreds of mushroom producers, distributed through thousands of wholesale and retail outlets, and consumed by millions of people throughout the United States and foreign countries;(3) mushroom production benefits the environment by efficiently using agricultural byproducts;(4) mushrooms must be high quality, readily available, handled properly, and marketed efficiently to ensure that the benefits of this important product are available to the people of the United States;(5) the maintenance and expansion of existing markets and uses, and the development of new markets and uses, for mushrooms are vital to the welfare of producers and those concerned with marketing and using mushrooms, as well as to the agricultural economy of the Nation;(6) the cooperative development, financing, and implementation of a coordinated program of mushroom promotion, research, and consumer information are necessary to maintain and expand existing markets for mushrooms; and(7) mushrooms move in interstate and foreign commerce, and mushrooms that do not move in such channels of commerce directly burden or affect interstate commerce in mushrooms.(b) PolicyIt 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 in this chapter, of an orderly procedure for developing, financing through adequate assessments on mushrooms produced domestically or imported into the United States, and carrying out, an effective, continuous, and coordinated program of promotion, research, and consumer and industry information designed to—(1) strengthen the mushroom industry’s position in the marketplace;(2) maintain and expand existing markets and uses for mushrooms; and(3) develop new markets and uses for mushrooms.(c) Construction

Nothing in this chapter may be construed to provide for the control of production or otherwise limit the right of individual producers to produce mushrooms.

(Pub. L. 101–624, title XIX, § 1922, Nov. 28, 1990, 104 Stat. 3855.)Editorial NotesConstitutionality

For information regarding the constitutionality of subtitle B of title XIX of Pub. L. 101–624, which enacted this chapter (sections 6101 et seq.), see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Statutory Notes and Related SubsidiariesShort Title

Pub. L. 101–624, title XIX, § 1921, Nov. 28, 1990, 104 Stat. 3854, provided that: “This subtitle [subtitle B (§§ 1921–1933) of title XIX of Pub. L. 101–624, enacting this chapter] may be cited as the ‘Mushroom Promotion, Research, and Consumer Information Act of 1990’.”

Notes of Decisions
Cited in 18 cases, 1999–2018 · leading case: United States v. United Foods, Inc., 533 U.S. 405 (2001).
Sort: Relevance Newest Treatment
United States v. United Foods, Inc., 533 U.S. 405 (2001). · cites it 6× “3854 , 7 U. S. C. § 6101 et seq. The Act authorizes the Secretary of Agriculture to establish a Mushroom Council to pursue the statute's goals.”
Gerawan Farming, Inc. v. Lyons, 12 P.3d 720 (Cal. 2000). · cites it 2× “, as amended, codified at 7 U.S.C. § 6101 et seq.), which has been characterized as "basically a commercial advertising statute designed to assess mushroom growers for the cost of advertising" ( United Foods, Inc.”
Gerawan Farming, Inc. v. Kawamura, 90 P.3d 1179 (Cal. 2004). · cites it 2× “In United Foods , the court considered the constitutional validity of a program authorized by the Mushroom Promotion, Research and Consumer Information Act ( 7 U.S.C. § 6101 et seq.). In practice, the program established pursuant to the act was almost exclusively for the purpose…”
Livestock Mktg. Ass'n v. United States Dep't of Agric., 207 F. Supp. 2d 992 (D.S.D. 2002). · cites it 3× “The assessment was similar to the beef checkoff in that the assessment is paid by producers and importers in an amount not to exceed one cent per pound of mushrooms.”
Delano Farms Co. v. Cal. Table Grape Comm'n, 417 P.3d 699 (Cal. 2018). · cites it 2× “( 7 U.S.C. § 6101 et seq. ; hereafter Mushroom Act.”
United Foods, Inc. v. United States of Am. United States Dep't of Agric., 197 F.3d 221 (6th Cir. 1999). · cites it 2× “In this case of compelled, commercial speech challenged under the First Amendment, the Department of Agriculture requires the plaintiff, a mushroom producer, to contribute funds for advertising mushrooms, on a regional basis, as authorized by the Mushroom Promotion, Research,…”
Charter v. United States Dep't of Agric., 230 F. Supp. 2d 1121 (D. Mont. 2002). “In that case, the Court reviewed the Mushroom Promotion, Research, and Consumer Information Act of 1990, 7 U.S.C. § 6101 et seq. Unlike the compelled support for speech in Wileman Brothers, the compelled support for mushroom advertising was not part of a larger regulatory scheme.”
Cricket Hosiery, Inc. v. United States, 429 F. Supp. 2d 1338 (Ct. Intl. Trade 2006). “In United Foods, the Supreme Court found that the collection of assessments from domestic producers of mushrooms to fund a board that created promotional messages pursuant to the Mushroom Promotion, Research, and Consumer Information Act, as amended, 7 U.S.C. § 6101 et seq.,…”
Michigan Pork Producers v. Campaign for Fam. Farms, 229 F. Supp. 2d 772 (W.D. Mich. 2002). “In United Foods, the Supreme Court tackled the constitutionality of the Mushroom Promotion, Research, and Consumer Information Act of 1990, 7 U.S.C. § 6101 et seq., which was similar in its mechanisms and purpose — i.”
Forum for Academic & Institutional Rights v. Rumsfeld, 390 F.3d 219 (3rd Cir. 2004). · cites it 2× “Unlike United Foods, there were no mandatory assessments similar to those imposed on mushroom producers for the purpose of funding generic mushroom advertisements under the Mushroom Act, 7 U.S.C. § 6101 . Unlike Cochran, there were no mandatory assessments similar to those…”
Summit Med. Ctr. of Alabama, Inc. v. Riley, 274 F. Supp. 2d 1262 (M.D. Ala. 2003). “Under the Mushroom Promotion, Research, and Consumer Information Act, 7 U.S.C. § 6101 et seq., the Secretary of Agriculture is authorized to establish a Mushroom Council to pursue the statute’s goals.”
Delano Farms Co. v. California Table Grape Comm'n, 546 F. Supp. 2d 859 (E.D. Cal. 2008). “Mushroom producers and importers, as defined by the Act, submit nominations from among their group to the Secretary, who then designates Council membership.”
Show all 18 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.