(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.
Amendments
1993—Subsec. (a)(1). Pub. L. 103–188 substituted "75,000" for "30,000".
1989—Pub. L. 101–220 amended section generally. Prior to amendment, section read as follows: "The following may be exempt from specific provisions of this chapter under such conditions and procedures as may be prescribed in the order or rules and regulations issued thereunder:
"(a) Any egg producer whose aggregate number of laying hens at any time during a three-consecutive-month period immediately prior to the date assessments are due and payable has not exceeded three thousand laying hens.
"(b) Any flock of breeding hens whose production of eggs is primarily utilized for the hatching of baby chicks."
Egg Promotion and Research Order
Pub. L. 101–220, §3(b), Dec. 12, 1989, 103 Stat. 1878, provided that:
"(1)
"(2)
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