7 U.S.C. § 7801

Findings and declaration of policy

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(a) FindingsCongress finds the following:(1) Hass avocados are an integral food source in the United States that are a valuable and healthy part of the human diet and are enjoyed by millions of persons every year for a multitude of everyday and special occasions.(2) Hass avocados are a significant tree fruit crop grown by many individual producers, but virtually all domestically produced Hass avocados for the commercial market are grown in the State of California.(3) Hass avocados move in interstate and foreign commerce, and Hass avocados that do not move in interstate or foreign channels of commerce but only in intrastate commerce directly affect interstate commerce in Hass avocados.(4) In recent years, large quantities of Hass avocados have been imported into the United States from other countries.(5) The maintenance and expansion of markets in existence on October 28, 2000, and the development of new or improved markets or uses for Hass avocados are needed to preserve and strengthen the economic viability of the domestic Hass avocado industry for the benefit of producers and other persons associated with the producing, marketing, processing, and consuming of Hass avocados.(6) An effective and coordinated program of promotion, research, industry information, and consumer information regarding Hass avocados is necessary for the maintenance, expansion, and development of domestic markets for Hass avocados.(b) PurposeIt is the purpose of this chapter to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for the development and financing (through an adequate assessment on Hass avocados sold by producers and importers in the United States) of an effective and coordinated program of promotion, research, industry information, and consumer information, including funds for marketing and market research activities, that is designed to—(1) strengthen the position of the Hass avocado industry in the domestic marketplace; and(2) maintain, develop, and expand markets and uses for Hass avocados in the domestic marketplace.(c) Limitation

Nothing in this chapter may be construed to provide for the control of production or otherwise limit the right of any person to produce, handle, or import Hass avocados.

(Pub. L. 106–387, § 1(a) [title XII, § 1202], Oct. 28, 2000, 114 Stat. 1549, 1549A–79.)Statutory Notes and Related SubsidiariesShort Title

Pub. L. 106–387, § 1(a) [title XII, § 1201], Oct. 28, 2000, 114 Stat. 1549, 1549A–79, provided that: “This title [enacting this chapter] may be cited as the ‘Hass Avocado Promotion, Research, and Information Act of 2000’.”

Notes of Decisions
Cited in 5 cases, 2003–2012 · leading case: Avocados Plus Inc. v. Johanns, 421 F. Supp. 2d 45 (D.D.C. 2006).
Avocados Plus Inc. v. Johanns, 421 F. Supp. 2d 45 (D.D.C. 2006). · cites it 4× “Plaintiffs challenge the Hass Avocado Promotion, Research, and Information Act of 2000, 7 U.S.C. §§ 7801 et seq. (the “Avocado Act” or “Act”), alleging that it violates their First Amendment rights to freedom of speech and freedom of association.”
Koretoff v. Vilsack, 601 F. Supp. 2d 238 (D.D.C. 2009). “In that case, plaintiff importers of avocados and avocado products sued alleging that the Hass Avocado Promotion, Research, and Information Act, 7 U.S.C. § 7801 et seq., violated their First Amendment right to be free of compelled speech.”
Mexican Hass Avocado Importers Assoc. v. Preston/Tully Grp. Inc., 838 F. Supp. 2d 89 (E.D.N.Y 2012). “Using assessments collected by the United States Department of Agriculture (“USDA”) pursuant to the Hass Avocado Promotion, Research and Information Act of 2000, 7 U.S.C. § 7801 et seq., MHAIA entered into a series of “Promotional Services Agreements,” with Preston/Tully whereby…”
Bair v. Pac. Nw. Sugar Co. LLC, 85 F. App'x 555 (9th Cir. 2003). “*559 They also argue that when Congress suspended the CCC’s direct price support authority for producers, 7 U.S.C. § 7801 (b)(1) (suspending 7 U.S.”
Koretoff v. Schaefer (D.D.C. 2009). “In that case, plaintiff importers of avocados and avocado products sued alleging that the Hass Avocado Promotion, Research, and Information Act, 7 U.S.C. § 7801 et seq., violated their First Amendment right to be free of compelled speech.”
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