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U.S. Code as of:
01/03/05
Section 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) of this section.
(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) of this section, 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.
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