7 USC 2711 – Exempted egg producers and breeding hen flocks; conditions and procedures
(a) In general
The following shall be exempt from the specific provisions of this chapter under such conditions and procedures as may be prescribed in the order or rules and regulations issued thereunder:
(1) Any egg producer whose aggregate number of laying hens at any time during a 3-consecutive-month period immediately prior to the date assessments are due and payable has not exceeded 75,000 laying hens, as determined under subsection (b).
(2) Any flock of breeding hens whose production of eggs is primarily utilized for the hatching of baby chicks.
(b) Number of laying hens
(1) In general
For purposes of subsection (a)(1), the aggregate number of laying hens owned by an egg producer shall include—
(A) in cases in which the producer is an individual, laying hens owned by such producer or members of such producer’s family that are effectively under the control of such producer, as determined by the Secretary;
(B) in cases in which the producer is a general partnership or similar entity, laying hens owned by the entity and all partners or equity participants in the entity; and
(C) in cases in which the producer holds 50 percent or more of the stock or other beneficial interest in a corporation, joint stock company, association, cooperative, limited partnership, or other similar entity, laying hens owned by the entity.
Ownership of laying hens by a trust or similar entity shall be considered ownership by the beneficiaries of the trust or other entity.
(2) Stock or beneficial interests
For purposes of paragraph (1)(C), stock or other beneficial interest in an entity that is held by—
(A) members of the producer’s family described in paragraph (1)(A);
(B) a general partnership or similar entity in which the producer is a partner or equity participant;
(C) the partners or equity participants in an entity of the type described in subparagraph (B); or
(D) a corporation, joint stock company, association, cooperative, limited partnership, or other similar entity in which the producer holds 50 percent or more of the stock or other beneficial interests,
shall be considered as held by the producer.
Terms Used In 7 USC 2711
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- egg producer: means the person owning laying hens engaged in the production of commercial eggs. See 7 USC 2702
- eggs: means eggs from domesticated chickens which are sold for human consumption either in shell egg form or for further processing into egg products. See 7 USC 2702
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Secretary: means the Secretary of Agriculture or any other officer or employee of the Department of Agriculture to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in his stead. See 7 USC 2702