US (United States) Code. Title 7. Chapter 53: Cotton research and promotion

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Agriculture

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publicidad

-CITE-

7 USC CHAPTER 53 - COTTON RESEARCH AND PROMOTION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

.

-HEAD-

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-MISC1-

Sec.

2101. Congressional declaration of policy.

2102. Orders of Secretary to cotton handlers.

2103. Notice and hearing upon proposed orders.

2104. Finding and issuance of orders.

2105. Permissive terms and conditions in orders.

2106. Required terms and conditions in orders.

2107. Referenda.

(a) Referendum and cotton producer approval of

orders.

(b) Referendum on proposed amendment to order

implementing provisions of 1990 amendments to

this chapter.

(c) Future referendums every five years or by request

of cotton producers and importers.

2108. Suspension and termination of orders.

(a) Discretionary suspension or termination by

Secretary.

(b) Suspension or termination resulting from

referendum with cotton producers and importers.

(c) Suspension or termination of any order not deemed

order within meaning of this chapter.

2109. Provisions applicable to amendments.

(a) Provisions applicable to amendments to orders.

(b) Approval of amendments by cotton producers and

importers.

(c) Disapproval of any amendment to order not deemed

to invalidate such order.

2110. Refund of producer assessments.

2111. Administrative review of orders; petition; hearing; judicial

review.

2112. Enforcement of orders; penalty for willful violation.

2113. Certification of cotton producer organizations.

2114. Rules and regulations.

2115. Investigations by Secretary; subpenas; oaths and

affirmations; judicial aid.

2116. Definitions.

2117. Separability.

2118. Authorization of appropriations.

2119. Repealed.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 7401 of this title.

-CITE-

7 USC Sec. 2101 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2101. Congressional declaration of policy

-STATUTE-

Cotton is the basic natural fiber of the Nation. It is produced

by many individual cottongrowers throughout the various

cotton-producing States of the Nation and also outside the United

States. Cotton moves in the channels of interstate and foreign

commerce and such cotton which does not move in such channels

directly burdens or affects interstate commerce in cotton and

cotton products. The efficient production of cotton and the

maintenance and expansion of existing markets and the development

of new or improved markets and uses is vital to the welfare of

cottongrowers and those concerned with marketing, using, and

processing cotton as well as the general economy of the Nation. The

great inroads on the market and uses for cotton which have been

made by manmade fibers have been largely the result of extensive

research and promotion which have not been effectively matched by

cotton research and promotion. The production and marketing of

cotton by numerous individual farmers have prevented the

development and carrying out of adequate and coordinated programs

of research and promotion necessary to the maintenance and

improvement of the competitive position of, and markets for,

cotton. Without an effective and coordinated method for assuring

cooperative and collective action in providing for, and financing

such programs, individual cotton farmers are unable adequately to

provide or obtain the research and promotion necessary to maintain

and improve markets for cotton.

It has long been found to be in the public interest to have, or

endeavor to have, a reasonable balance between the supply of and

demand for cotton grown in this country. To serve this public

interest the Congress has provided for the comprehensive exercise

of regulatory authority in regulating the handling of such cotton

supplemented by price-support programs with the objective of

adjusting supply to demand in the interest of benefiting producers

and all others concerned with the production and handling of cotton

as well as the general economy of the country. In order for the

objective of such programs to be effectuated to the fullest degree,

it is necessary that the existing regulation of marketing be

supplemented by providing as part of the overall governmental

program for effectuating this objective, means of increasing the

demand for cotton with the view of eventually reducing or

eliminating the need for limiting marketings and supporting the

price of cotton.

It is therefore declared to be the policy of the Congress and the

purpose of this chapter that it is essential in the public interest

through the exercise of the powers provided herein, to authorize

and enable the establishment of an orderly procedure for the

development, financing through adequate assessments on all cotton

marketed in the United States and on imports of cotton, and

carrying out an effective and continuous coordinated program of

research and promotion designed to strengthen cotton's competitive

position and to maintain and expand domestic and foreign markets

and uses for United States cotton.

-SOURCE-

(Pub. L. 89-502, Sec. 2, July 13, 1966, 80 Stat. 279; Pub. L.

101-624, title XIX, Sec. 1991, Nov. 28, 1990, 104 Stat. 3909.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-624, in first undesignated par., inserted

''and also outside the United States'', struck out ''in large

part'' before ''in the channels of interstate'', ''All cotton

produced in the United States is in the current of interstate or

foreign commerce or directly burdens, obstructs, or affects

interstate or foreign commerce in cotton and cotton products.''

before ''The efficient production'', and ''In the years since World

War II, United States cotton and the products thereof have been

confronted with intensive competition, both at home and abroad,

from foreign-grown cotton and from other fibers, primarily manmade

fibers.'' after ''economy of the Nation.'', and substituted ''The

great inroads on the market and uses for'' for ''The great inroads

on the market and uses for United States'' and, in third

undesignated par., substituted ''marketed'' for ''harvested'' and

inserted ''and on imports of cotton''.

EFFECTIVE DATE

Section 20 of Pub. L. 89-502 provided that: ''This Act (enacting

this chapter) shall take effect upon enactment (July 13, 1966)''.

SHORT TITLE OF 1990 AMENDMENT

Section 1990 of Pub. L. 101-624 provided that: ''This subtitle

(subtitle G (Sec. 1990-1998) of title XIX of Pub. L. 101-624,

amending this section and sections 2106 to 2110 and 2116 of this

title, and enacting provisions set out below) may be cited as the

'Cotton Research and Promotion Act Amendments of 1990'.''

SHORT TITLE

Section 1 of Pub. L. 89-502 provided: ''That this Act (enacting

this chapter) shall be known as the 'Cotton Research and Promotion

Act'.''

REPORTS ON IMPLEMENTATION AND ENFORCEMENT OF COTTON RESEARCH AND

PROMOTION PROGRAM

Section 1998 of title XIX of Pub. L. 101-624, as amended by Pub.

L. 102-237, title VIII, Sec. 808(b), Dec. 13, 1991, 105 Stat. 1883,

provided that:

''(a) In General. - Not later than 1 year after the date on which

imports are subject to assessments under this subtitle (see Short

Title of 1990 Amendment note above) -

''(1) the Secretary of Agriculture shall prepare a report

concerning the implementation and enforcement of the cotton

research and promotion program, and any problems that may have

arisen in the implementation and enforcement of such program; and

''(2) the Customs Service shall, if on such date it has any

role in the implementation or enforcement of such assessments,

prepare a report concerning such implementation and enforcement

as it relates to imports.

''(b) Comptroller General Report. - Not prior to the date that

occurs 3 years after the date on which imports are subject to

assessments under this subtitle, the Comptroller General shall

prepare a report concerning the administration of the cotton

research and promotion program as it relates to such imports. Such

report shall be submitted not later than 6 months after such date,

and include an analysis of -

''(1) the growth in the United States market for cotton and

cotton products, with particular attention provided to the period

of time subsequent to the imposition of assessments on such

imports;

''(2) the extent to which import restrictions, such as quotas,

on imports of cotton and cotton-containing products have

permitted or prevented importers from benefiting from any such

growth in the United States market; and

''(3) the relevant United States international obligations

applicable under trade agreements that relate to the assessments

on imports of cotton and cotton products under this subtitle.

''(c) Submission. - The reports required under subsections (a)

and (b) shall be submitted to the Committee on Agriculture and the

Committee on Ways and Means of the House of Representatives, and

the Committee on Agriculture, Nutrition, and Forestry and the

Committee on Finance of the Senate not later than the applicable

dates referred to in such subsections.

''(d) Authorization of Appropriations. - There are authorized to

be appropriated such funds as may be necessary to carry out this

section.''

-CITE-

7 USC Sec. 2102 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2102. Orders of Secretary to cotton handlers

-STATUTE-

To effectuate the declared policy of this chapter, the Secretary

shall, subject to the provisions of this chapter, issue and from

time to time amend, orders applicable to persons engaged in the

harvesting, marketing, ginning, or other handling of cotton,

hereinafter referred to as handlers. Such orders shall be

applicable to all production or marketing areas, or both, in the

United States.

-SOURCE-

(Pub. L. 89-502, Sec. 3, July 13, 1966, 80 Stat. 280.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2116 of this title.

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7 USC Sec. 2103 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2103. Notice and hearing upon proposed orders

-STATUTE-

Whenever the Secretary has reason to believe that the issuance of

an order will tend to effectuate the declared policy of this

chapter, he shall give due notice and opportunity for a hearing

upon a proposed order. Such hearing may be requested and a

proposal for an order submitted by any cotton producer organization

certified pursuant to section 2113 of this title or by any other

interested person or persons, including the Secretary.

-SOURCE-

(Pub. L. 89-502, Sec. 4, July 13, 1966, 80 Stat. 280.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2104, 2107, 2113 of this

title.

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7 USC Sec. 2104 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2104. Finding and issuance of orders

-STATUTE-

After notice and opportunity for hearing as provided in section

2103 of this title, the Secretary shall issue an order if he finds,

and sets forth in such order, upon the evidence introduced at such

hearing, that the issuance of such order and all the terms and

conditions thereof will tend to effectuate the declared policy of

this chapter.

-SOURCE-

(Pub. L. 89-502, Sec. 5, July 13, 1966, 80 Stat. 280.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2107 of this title.

-CITE-

7 USC Sec. 2105 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2105. Permissive terms and conditions in orders

-STATUTE-

Orders issued pursuant to this chapter shall contain one or more

of the following terms and conditions, and except as provided in

section 2106 of this title, no others.

(a) Providing for the establishment, issuance, effectuation, and

administration of appropriate plans or projects for the advertising

and sales promotion of cotton and its products and for the

disbursement of necessary funds for such purposes: Provided,

however, That any such plan or project shall be directed toward

increasing the general demand for cotton or its products but no

reference to a private brand or trade name shall be made if the

Secretary determines that such reference will result in undue

discrimination against the cotton products of other persons: And

provided further, That no such advertising or sales promotion

programs shall make use of false or unwarranted claims in behalf of

cotton or its products or false or unwarranted statements with

respect to the quality, value, or use of any competing product.

(b) Providing for establishing and carrying on research and

development projects and studies with respect to the production,

ginning, processing, distribution, or utilization of cotton and its

products, to the end that the marketing and utilization of cotton

may be encouraged, expanded, improved, or made more efficient, and

for the disbursement of necessary funds for such purposes.

(c) Providing that handlers or any class of handlers maintain and

make available for inspection such books and records as may be

required by the order and for the filing of reports by such

handlers at the times, in the manner, and having the content

prescribed by the order, to the end that information and data shall

be made available to the Cotton Board and to the Secretary which is

appropriate or necessary to the effectuation, administration, or

enforcement of this chapter or of any order or regulation issued

pursuant to this chapter: Provided, however, That all information

so obtained shall be kept confidential by all officers and

employees of the Department of Agriculture and of the Cotton Board,

and only such information so furnished or acquired as the Secretary

deems relevant shall be disclosed by them, and then only in a suit

or administrative hearing brought at the direction, or upon the

request, of the Secretary of Agriculture, or to which he or any

officer of the United States is a party, and involving the order

with reference to which the information so to be disclosed was

furnished or acquired. Nothing in this section shall be deemed to

prohibit (1) the issuance of general statements based upon the

reports of a number of handlers subject to an order, which

statements do not identify the information furnished by any person,

or (2) the publication by direction of the Secretary, of the name

of any person violating any order, together with a statement of the

particular provisions of the order violated by such person. Any

such officer or employee violating the provisions of this

subsection shall upon conviction be subject to a fine of not more

than $1,000 or to imprisonment for not more than one year, or to

both, and shall be removed from office.

(d) Terms and conditions incidental to and not inconsistent with

the terms and conditions specified in this chapter and necessary to

effectuate the other provisions of such order.

-SOURCE-

(Pub. L. 89-502, Sec. 6, July 13, 1966, 80 Stat. 280.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106, 2116 of this title.

-CITE-

7 USC Sec. 2106 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2106. Required terms and conditions in orders

-STATUTE-

Orders issued pursuant to this chapter shall contain the

following terms and conditions:

(a) Providing for the establishment and selection by the

Secretary, of a Cotton Board, and defining its powers and duties,

which shall include only the powers:

(1) To administer such order in accordance with its terms and

provisions;

(2) To make rules and regulations to effectuate the terms and

provisions of such order, including the designation of the person

responsible for collecting the assessment;

(3) To receive, investigate, and report to the Secretary

complaints of violations of such order; and

(4) To recommend to the Secretary amendments to such order.

(b) Providing that the Cotton Board shall be composed of (1)

representatives of cotton producers selected by the Secretary, from

nominations submitted by eligible producer organizations within a

cotton-producing State, as certified pursuant to section 2113 of

this title, or, if the Secretary determines that a substantial

number of producers are not members of or their interests are not

represented by any such eligible producer organizations, from

nominations made by producers in the manner authorized by the

Secretary, so that the representation of cotton producers on the

Board for each cotton-producing State shall reflect, to the extent

practicable, the proportion which that State's marketings of cotton

bears to the total marketings of cotton in the United States, and

(2) when imports of cotton are subject to an order, an appropriate

number of representatives, as determined by the Secretary, of

importers of cotton on which assessments are paid under this

chapter. Such importer representatives shall be appointed by the

Secretary after consultation with organizations representing

importers, as determined by the Secretary. Each cotton-producing

State shall be entitled to at least one representative on the

Cotton Board.

(c) Providing that the Cotton Board shall, subject to the

provisions of subsection (g) of this section, develop and submit to

the Secretary for his approval any advertising or sales promotion

or research and development plans or projects, and that any such

plan or project must be approved by the Secretary before becoming

effective.

(d) Providing that the Cotton Board shall, subject to the

provisions of subsection (g) of this section, submit to the

Secretary for his approval, budgets on a fiscal period basis of its

anticipated expenses and disbursements in the administration of the

order, including probable costs of advertising and promotion and

research and development projects.

(e)(1) Providing that -

(A) the producer or other person for whom the cotton is being

handled shall pay to the handler of such cotton designated by the

Cotton Board pursuant to regulations issued under the order;

(B) such handler shall collect from the producer or other

person for whom the cotton, including cotton owned by the

handler, is being handled, and shall pay to the Cotton Board; and

(C) each importer shall pay to the Cotton Board on imports of

cotton,

an assessment prescribed by the order, on the basis of bales of

cotton handled or imported. The assessment shall cover such

expenses and expenditures, including provision for a reasonable

reserve, as the Secretary finds are reasonable and likely to be

incurred by the Cotton Board under the order, during any period

specified by the Secretary.

(2) The order shall provide for reimbursing the Secretary -

(A) for expenses not to exceed $300,000 incurred by the

Secretary in connection with any referendum conducted under

section 2107 of this title; and

(B) for administrative costs incurred by the Secretary for

supervisory work up to 5 employee years after an order or

amendment to an order has been issued and made effective.

There shall also be included in the order a provision for

reimbursing any agency of the Federal Government that assists in

administering the import provisions of the order for a reasonable

amount of the expenses incurred by that agency in connection

therewith.

(3) To facilitate the collection and payment of such assessments,

the Cotton Board may designate different handlers or importers or

classes of handlers or importers to recognize differences in

marketing practices or procedures utilized in any State or area,

except that no more than one such assessment shall be made on any

bale of cotton, unless specifically authorized by provisions of

this subsection.

(4) The rate of assessment prescribed by the order shall be $1

per bale of cotton handled, supplemented by an additional per bale

amount not to exceed 1 percent of the value of cotton as determined

by the Cotton Board and the Secretary. The rate of assessment on

imports of cotton shall be determined in the same manner as the

rate of assessment per bale of cotton handled, and the value to be

placed on cotton imports for the purpose of determining the

assessment on such imports shall be established by the Secretary in

a fair and equitable manner. The Secretary shall establish

procedures to ensure that the upland cotton content of imported

products is not subject to more than one assessment under this

chapter.

(5) No authority under this chapter may be used as a basis to

advertise or solicit votes in any referendum relating to the rate

of assessment with funds collected under this chapter.

(6) The Secretary may maintain a suit against any person subject

to the order for the collection of such assessment, and the several

district courts of the United States are hereby vested with

jurisdiction to entertain such suits regardless of the amount in

controversy. The remedies provided in this section shall be in

addition to, and not exclusive of, the remedies provided for

elsewhere in this chapter or now or hereafter existing at law or in

equity.

(7) The provisions of this subsection and subsection (b) of this

section shall not apply to cottonseed and the products derived from

cottonseed whether domestically produced or imported.

(8) The provisions of this subsection relating to importers and

assessments on imports of cotton shall be effective only if

approved in a referendum as provided in section 2107(b) or 2107(c)

of this title.

(f) Providing that the Cotton Board shall maintain such books and

records and prepare and submit such reports from time to time, to

the Secretary as he may prescribe, and for appropriate accounting

by the Cotton Board with respect to the receipt and disbursement of

all funds entrusted to it.

(g) Providing that the Cotton Board, with the approval of the

Secretary, shall enter into contracts or agreements for the

development and carrying out of the activities authorized under the

order pursuant to sections 2105(a) and (b) of this title and for

the payment of the costs thereof with funds collected pursuant to

the order, with an organization or association whose governing body

consists of cotton producers selected by the cotton producer

organizations certified by the Secretary under section 2113 of this

title, in such manner that the producers of each cotton-producing

State will, to the extent practicable, have representation on the

governing body of such organization in the proportion that the

cotton marketed by the producers of such State bears to the total

cotton marketed by the producers of all cotton-producing States,

subject to adjustments to reflect lack of participation in the

program by reason of refunds under section 2110 of this title. Any

such contract or agreement shall provide that such contracting

organization or association shall develop and submit annually to

the Cotton Board, for the purpose of review and making

recommendations to the Secretary, a program of research,

advertising, and sales promotion projects, together with a budget,

or budgets, which shall show the estimated cost to be incurred for

such projects, and that any such projects shall become effective

upon approval by the Secretary. Any such contract or agreement

shall also provide that the contracting organization shall keep

accurate records of all its transactions and make an annual report

to the Cotton Board of activities carried out and an accounting for

funds received and expended, and such other reports as the

Secretary may require.

(h) Providing that no funds collected by the Cotton Board under

the order shall in any manner be used for the purpose of

influencing governmental policy or action, except as provided by

subsection (a)(4) of this section.

-SOURCE-

(Pub. L. 89-502, Sec. 7, July 13, 1966, 80 Stat. 281; Pub. L.

94-366, Sec. 2, 3, July 14, 1976, 90 Stat. 991, 992; Pub. L.

101-624, title XIX, Sec. 1992, Nov. 28, 1990, 104 Stat. 3909; Pub.

L. 102-237, title VIII, Sec. 808(a)(1), Dec. 13, 1991, 105 Stat.

1883.)

-MISC1-

AMENDMENTS

1991 - Subsec. (e)(4). Pub. L. 102-237 made technical amendment

to reference to this chapter to correct error in corresponding

reference in original act.

1990 - Subsec. (a)(2). Pub. L. 101-624, Sec. 1992(1), substituted

''person'' for ''handler'' and struck out ''producer'' before

''assessment''.

Subsec. (b). Pub. L. 101-624, Sec. 1992(2), inserted ''(1)'', and

substituted '', and (2) when imports of cotton are subject to an

order, an appropriate number of representatives, as determined by

the Secretary, of importers of cotton on which assessments are paid

under this chapter. Such importer representatives shall be

appointed by the Secretary after consultation with organizations

representing importers, as determined by the Secretary. Each

cotton-producing State shall be entitled to at least one

representative on the Cotton Board.'' for '': Provided, however,

That each cotton-producing State shall be entitled to at least one

representative on the Cotton Board. The Secretary may appoint a

number of consumer advisors to the Cotton Board not to exceed 15

per centum of the membership of the Cotton Board. The Cotton Board

shall reimburse the consumer advisors for expenses incurred in

attending meetings of the Board in the same manner as the Cotton

Board members.''

Subsec. (e). Pub. L. 101-624, Sec. 1992(3), amended subsec. (e)

generally, substituting present provisions for provisions relating

to a producer-paid assessment at a rate of $1 per bale, with a

possible per-bale supplement not to exceed 1 per centum of the

value of the cotton, along with other provisions relating to use of

assessment funds, referendums and procedures concerning any

supplemental assessments, and judicial action to collect

assessments.

1976 - Subsec. (b). Pub. L. 94-366, Sec. 3, inserted provisions

which authorized Secretary to appoint consumer advisors up to 15

per centum of the membership of the Cotton Board, and authorized

reimbursing such advisors for expenses incurred in attending the

Board meetings.

Subsec. (e). Pub. L. 94-366, Sec. 2, inserted provisions

authorizing reimbursement of the Secretary up to $200,000 for

expenses incurred in conducting a referendum pursuant to section

2107 of this title and for administrative costs incurred by him for

supervisory work up to five employee years after an order or an

amendment to an order has been issued and made effective, inserted

provisions authorizing assessment of a bale of cotton more than

once if called for by a provision in this subsection, and inserted

provisions authorizing Secretary to amend the rate order to

supplement the rate in each marketing year by an additional per

bale amount not to exceed 1 per centum of the value of the cotton

as determined by the Cotton Board and the Secretary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2105, 2113, 2116 of this

title.

-CITE-

7 USC Sec. 2107 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2107. Referenda

-STATUTE-

(a) Referendum and cotton producer approval of orders

The Secretary shall conduct a referendum among persons who,

during a representative period determined by the Secretary, have

been engaged in the production of cotton for the purpose of

ascertaining whether the issuance of an order is approved or

favored by producers. No order issued pursuant to this chapter

shall be effective unless the Secretary determines that the

issuance of such order is approved or favored by not less than

two-thirds of the producers voting in such referendum, or by the

producers of not less than two-thirds of the cotton produced during

the representative period by producers voting in such referendum

and by not less than a majority of the producers voting in such

referendum.

(b) Referendum on proposed amendment to order implementing

provisions of 1990 amendments to this chapter

(1) Notwithstanding the provisions of sections 2103 and 2104 of

this title, not later than 150 days after the date of enactment of

the Cotton Research and Promotion Act Amendments of 1990 (November

28, 1990), and after notice and opportunity for public comment, the

Secretary shall issue a proposed amendment to the order

implementing the provisions of such Act, which shall become

effective as provided in paragraph (2).

(2) Notwithstanding the provisions of subsection (a) of this

section, the Secretary shall, within a period not to exceed 8

months after November 28, 1990, conduct a referendum among persons

who have been cotton producers during a representative period, as

determined by the Secretary, and persons who are importers of

cotton and who, during a 12-month period ending not later than 90

days prior to the conduct of the referendum under this section

imported a quantity of cotton in excess of the de minimis quantity

(if any) established by the Secretary under section 2116(c)(2) of

this title, for the purpose of ascertaining if a majority of those

voting approve the proposed amendment to the order issued by the

Secretary under paragraph (1). The Secretary shall announce the

results of the referendum within 30 days after the date of such

referendum. If the amendment is approved in the referendum, within

a period not to exceed 90 days from the date of announcement of the

results of such referendum, the Secretary shall publish the

amendment to the order and regulations implementing the amendment

provided for in this subsection.

(c) Future referendums every five years or by request of cotton

producers and importers

(1) Notwithstanding the provisions of sections 2103 and 2104 of

this title, once every five years after the date of the referendum

provided for under subsection (b) of this section, the Secretary

shall conduct a review to ascertain whether a referendum is needed

to determine whether producers and importers favor continuation of

the amendment to the order provided for in the Cotton Research and

Promotion Act Amendments of 1990 if such amendment is then in

effect or, if such an amendment is not in effect, whether they

favor approval of such amendment. The Secretary shall make a

public announcement of the results of the review within 60 days

after each fifth anniversary date of the referendum provided for

under subsection (b) of this section. If the Secretary determines

to provide for such a referendum, the Secretary shall conduct the

referendum within 12 months after a public announcement of the

determination to conduct the referendum.

(2) If the Secretary does not provide for such a referendum on

the Secretary's own initiative, the Secretary shall conduct such a

referendum upon the request of 10 percent or more of the number of

cotton producers and importers voting in the most recent

referendum, except that, in counting such requests for a

referendum, not more than 20 percent of such requests may be from

producers from any one State or importers of cotton. Producers and

importers may sign up to request such a referendum at the county

office of the Agricultural Stabilization and Conservation Service,

or county extension agent, or by mailing such a request to the

Secretary, as prescribed in regulations. The sign-up period shall

be for a period not to exceed 90 days, shall commence 60 days after

the Secretary makes a public announcement of a determination not to

provide for a referendum on the Secretary's own initiative, and

shall be publicized by the Secretary and the Cotton Board

immediately after such public announcement. The referendum shall

be held within 12 months after the end of the sign-up period, if

requested by the requisite number of persons.

(3) The amendment to the order provided for in this subsection

shall not be effective if it is disapproved by a majority of cotton

producers and importers of cotton voting in the referendum.

-SOURCE-

(Pub. L. 89-502, Sec. 8, July 13, 1966, 80 Stat. 283; Pub. L.

101-624, title XIX, Sec. 1993, Nov. 28, 1990, 104 Stat. 3911; Pub.

L. 102-237, title VIII, Sec. 808(a)(2), Dec. 13, 1991, 105 Stat.

1883.)

-REFTEXT-

REFERENCES IN TEXT

The Cotton Research and Promotion Act Amendments of 1990,

referred to in subsecs. (b)(1) and (c)(1), is subtitle G (Sec.

1990-1998) of title XIX of Pub. L. 101-624, Nov. 28, 1990, 104

Stat. 3909, which amended sections 2101, 2106 to 2110, and 2116 of

this title and enacted provisions set out as notes under section

2101 of this title. For complete classification of this Act to the

Code, see Short Title of 1990 Amendment note set out under section

2101 of this title and Tables.

-MISC2-

AMENDMENTS

1991 - Subsec. (b)(2). Pub. L. 102-237 made technical amendment

to reference to section 2116(c)(2) of this title to correct error

in corresponding reference in original act.

1990 - Pub. L. 101-624 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106, 2109, 2110 of this

title.

-CITE-

7 USC Sec. 2108 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2108. Suspension and termination of orders

-STATUTE-

(a) Discretionary suspension or termination by Secretary

The Secretary shall, whenever he finds that any order issued

under this chapter, or any provision thereof, obstructs or does not

tend to effectuate the declared policy of this chapter, terminate

or suspend the operation of such order or such provision thereof.

(b) Suspension or termination resulting from referendum with cotton

producers and importers

The Secretary may conduct a referendum at any time, and shall

hold a referendum on request of a number of producers and importers

(if subject to the order) equivalent to at least 10 percent of

those persons voting in the most recent referendum, to determine

whether cotton producers and importers subject to the order favor

the termination or suspension of the order, except that in counting

such requests for a referendum, not more than 20 percent of such

requests may be from producers from any one State or importers of

cotton (if subject to the order). The Secretary shall suspend or

terminate the order at the end of the marketing year, as defined in

the order, whenever the Secretary determines suspension or

termination of the order is approved by a majority of producers and

importers (subject to the order) voting in the referendum who,

during a representative period determined by the Secretary, have

been engaged in the production and importation of cotton and who

produced and imported more than 50 percent of the volume of cotton

produced and imported by those voting in the referendum.

(c) Suspension or termination of any order not deemed order within

meaning of this chapter

The termination or suspension of any order, or any provision

thereof, shall not be considered an order within the meaning of

this chapter.

-SOURCE-

(Pub. L. 89-502, Sec. 9, July 13, 1966, 80 Stat. 283; Pub. L.

101-624, title XIX, Sec. 1994, Nov. 28, 1990, 104 Stat. 3912.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-624 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''The

Secretary may conduct a referendum at any time, and shall hold a

referendum on request of 10 per centum or more of the number of

cotton producers voting in the referendum approving the order, to

determine whether cotton producers favor the termination or

suspension of the order, and he shall suspend or terminate such

order at the end of the marketing year, as defined in the order,

whenever he determines that suspension or termination of the order

is approved or favored by a majority of the producers of cotton

voting in such referendum who, during a representative period

determined by the Secretary, have been engaged in the production of

cotton, and who produced more than 50 per centum of the volume of

the cotton produced by the cotton producers voting in the

referendum.''

-CITE-

7 USC Sec. 2109 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2109. Provisions applicable to amendments

-STATUTE-

(a) Provisions applicable to amendments to orders

Except as provided in subsection (b) of this section, the

provisions of this chapter applicable to orders shall be applicable

to amendments to orders.

(b) Approval of amendments by cotton producers and importers

No amendment to an order issued under this chapter shall be

effective unless the Secretary determines that -

(1) with respect to an amendment referred to in subsection (b)

or (c) of section 2107 of this title, the amendment is approved

by producers and importers of cotton as provided in such section;

or

(2) with respect to any other amendment, that the amendment is

approved by a majority of cotton producers and importers subject

to the order voting in the referendum.

(c) Disapproval of any amendment to order not deemed to invalidate

such order

The disapproval of any amendment to an order issued under this

chapter shall not be deemed to invalidate such order.

-SOURCE-

(Pub. L. 89-502, Sec. 10, July 13, 1966, 80 Stat. 283; Pub. L.

101-624, title XIX, Sec. 1995, Nov. 28, 1990, 104 Stat. 3912; Pub.

L. 102-237, title VIII, Sec. 808(a)(3), Dec. 13, 1991, 105 Stat.

1883.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b)(1). Pub. L. 102-237 substituted ''subsection

(b) or (c) of section 2107'' for ''section 2107(b) or 2107(c)''.

1990 - Pub. L. 101-624 amended section generally. Prior to

amendment, section read as follows: ''The provisions of this

chapter applicable to orders shall be applicable to amendments to

orders.''

-CITE-

7 USC Sec. 2110 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2110. Refund of producer assessments

-STATUTE-

(a) Notwithstanding any other section of this chapter and except

as provided in subsection (b) of this section, any cotton producer

against whose cotton any assessment is made and collected from him

under the authority of this chapter and who is not in favor of

supporting the research and promotion program as provided for

herein shall have the right to demand and receive from the Cotton

Board a refund of such assessment: Provided, That such demand shall

be made personally by such producer in accordance with regulations

and on a form and within a time period prescribed by the Board and

approved by the Secretary, but in no event less than ninety days,

and upon submission of proof satisfactory to the Board that the

producer paid the assessment for which refund is sought, and any

such refund shall be made within sixty days after demand therefor.

(b) The right of a producer to demand a refund under subsection

(a) of this section shall terminate if the proposed amendment of

the order implementing the Cotton Research and Promotion Amendments

Act of 1990 is approved in the referendum provided for under

section 2107 of this title. Such right shall terminate 30 days

after the date the Secretary announces the results of such

referendum if such proposed amendment is approved. Such right

shall be reinstated if the amendment should be disapproved in any

subsequent referendum.

-SOURCE-

(Pub. L. 89-502, Sec. 11, July 13, 1966, 80 Stat. 283; Pub. L.

101-624, title XIX, Sec. 1996, Nov. 28, 1990, 104 Stat. 3912; Pub.

L. 102-237, title VIII, Sec. 808(a)(4), Dec. 13, 1991, 105 Stat.

1883.)

-REFTEXT-

REFERENCES IN TEXT

The Cotton Research and Promotion Amendments Act of 1990,

referred to in subsec. (b), probably means the Cotton Research and

Promotion Act Amendments of 1990, subtitle G (Sec. 1990-1998) of

title XIX of Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 3909, which

amended sections 2101, 2106 to 2110, and 2116 of this title and

enacted provisions set out as notes under section 2101 of this

title. For complete classification of this Act to the Code, see

Short Title of 1990 Amendment note set out under section 2101 of

this title and Tables.

-MISC2-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-237 inserted ''of this chapter''

after ''any other section'' and struck out ''of this chapter,''

before ''any cotton producer''.

1990 - Pub. L. 101-624 designated existing provisions as subsec.

(a), substituted ''Notwithstanding any other section and except as

provided in subsection (b) of this section,'' for ''Notwithstanding

any other provision'', and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106, 2116 of this title.

-CITE-

7 USC Sec. 2111 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2111. Administrative review of orders; petition; hearing;

judicial review

-STATUTE-

(a) Any person subject to any order may file a written petition

with the Secretary, stating that any such order or any provision of

such order or any obligation imposed in connection therewith is not

in accordance with law and praying for a modification thereof or to

be exempted therefrom. He shall thereupon be given an opportunity

for a hearing upon such petition, in accordance with regulations

made by the Secretary. After such hearing, the Secretary shall make

a ruling upon the prayer of such petition which shall be final, if

in accordance with law.

(b) The district courts of the United States in any district in

which such person is an inhabitant, or has his principal place of

business, are hereby vested with jurisdiction to review such

ruling, provided a complaint for that purpose is filed within

twenty days from the date of the entry of such ruling. Service of

process in such proceedings may be had upon the Secretary by

delivering to him a copy of the complaint. If the court determines

that such ruling is not in accordance with law, it shall remand

such proceedings to the Secretary with directions either (1) to

make such ruling as the court shall determine to be in accordance

with law, or (2) to take such further proceedings as, in its

opinion, the law requires. The pendency of proceedings instituted

pursuant to subsection (a) of this section shall not impede,

hinder, or delay the United States or the Secretary from obtaining

relief pursuant to section 2112(a) of this title.

-SOURCE-

(Pub. L. 89-502, Sec. 12, July 13, 1966, 80 Stat. 284.)

-CITE-

7 USC Sec. 2112 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2112. Enforcement of orders; penalty for willful violation

-STATUTE-

(a) The several district courts of the United States are vested

with jurisdiction specifically to enforce, and to prevent and

restrain any person from violating any order or regulation made or

issued pursuant to this chapter.

(b) Any handler who willfully violates any provision of any order

issued by the Secretary under this chapter, or who willfully fails

or refuses to collect or remit any assessment or fee duly required

of him thereunder, shall be liable to a penalty of not more than

$1,000 for each such offense which shall accrue to the United

States and may be recovered in a civil suit brought by the United

States.

-SOURCE-

(Pub. L. 89-502, Sec. 13, July 13, 1966, 80 Stat. 284.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2111 of this title.

-CITE-

7 USC Sec. 2113 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2113. Certification of cotton producer organizations

-STATUTE-

The eligibility of each cotton producer organization to represent

cotton producers of a cotton producing State to request the

issuance of an order under section 2103 of this title, and to

participate in the making of nominations under section 2106(b) of

this title shall be certified by the Secretary and shall be based

in addition to other available information upon a factual report

submitted by the organization which shall contain information

deemed relevant and specified by the Secretary for the making of

such determination, including the following:

(a) Geographic territory within the State covered by the

organization's active membership;

(b) Nature and size of the organization's active membership in

the State, proportion of total of such active membership

accounted for by farmers, a map showing the cotton-producing

counties in such State in which the organization has members, the

volume of cotton produced in each such county, the number of

cotton producers in each such county, and the size of the

organization's active cotton producer membership in each such

county;

(c) The extent to which the cotton producer membership of such

organization is represented in setting the organization's

policies;

(d) Evidence of stability and permanency of the organization;

(e) Sources from which the organization's operating funds are

derived;

(f) Functions of the organization; and

(g) The organization's ability and willingness to further the

aims and objectives of this chapter:

Provided, however, That the primary consideration in determining

the eligibility of an organization shall be whether its cotton

farmer membership consists of a sufficiently large number of the

cotton producers who produce a relatively significant volume of

cotton to reasonably warrant its participation in the nomination of

members for the Cotton Board. The Secretary shall certify any

cotton producer organization which he finds to be eligible under

this section, and his determination as to eligibility shall be

final.

-SOURCE-

(Pub. L. 89-502, Sec. 14, July 13, 1966, 80 Stat. 284.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2103, 2106 of this title.

-CITE-

7 USC Sec. 2114 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2114. Rules and regulations

-STATUTE-

The Secretary is authorized to make such regulations with the

force and effect of law, as may be necessary to carry out the

provisions of this chapter and the powers vested in him by this

chapter.

-SOURCE-

(Pub. L. 89-502, Sec. 15, July 13, 1966, 80 Stat. 285.)

-CITE-

7 USC Sec. 2115 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2115. Investigations by Secretary; subpenas; oaths and

affirmations; judicial aid

-STATUTE-

The Secretary may make such investigations as he deems necessary

for the effective carrying out of his responsibilities under this

chapter or to determine whether a handler or any other person has

engaged or is about to engage in any acts or practices which

constitute or will constitute a violation of any provision of this

chapter or of any order, or rule or regulation issued under this

chapter. For the purpose of any such investigation, the Secretary

is empowered to administer oaths and affirmations, subpena

witnesses, compel their attendance, take evidence, and require the

production of any books, papers, and documents which are relevant

to the inquiry. Such attendance of witnesses and the production of

any such records may be required from any place in the United

States. In case of contumacy by, or refusal to obey a subpena

issued to, any person, including a handler, the Secretary may

invoke the aid of any court of the United States within the

jurisdiction of which such investigation or proceeding is carried

on, or where such person resides or carries on business, in

requiring the attendance and testimony of witnesses and the

production of books, papers, and documents; and such court may

issue an order requiring such person to appear before the

Secretary, there to produce records, if so ordered, or to give

testimony touching the matter under investigation. Any failure to

obey such order of the court may be punished by such court as a

contempt thereof. All process in any such case may be served in

the judicial district whereof such person is an inhabitant or

wherever he may be found.

-SOURCE-

(Pub. L. 89-502, Sec. 16, July 13, 1966, 80 Stat. 285; Pub. L.

91-452, title II, Sec. 206(a), Oct. 15, 1970, 84 Stat. 929.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-452 struck out designation ''(a)'' preceding

first sentence and struck out subsec. (b) which related to immunity

from prosecution of any individual compelled to testify or produce

evidence, documentary or otherwise, after claiming his privilege

against self-incrimination.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on sixtieth day following

Oct. 15, 1970, and not to affect any immunity to which any

individual is entitled under this section by reason of any

testimony given before sixtieth day following Oct. 15, 1970, see

section 260 of Pub. L. 91-452, set out as an Effective Date;

Savings Provision note under section 6001 of Title 18, Crimes and

Criminal Procedure.

-CITE-

7 USC Sec. 2116 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2116. Definitions

-STATUTE-

As used in this chapter:

(a) The term ''Secretary'' means the Secretary of Agriculture.

(b) The term ''person'' means any individual, partnership,

corporation, association, or any other entity.

(c) The term ''cotton'' means (1) all upland cotton harvested in

the United States, and, except as used in section 2106(e) of this

title, includes cottonseed of such cotton and the products derived

from such cotton and its seed and (2) imports of upland cotton

including the upland cotton content of the products derived from

upland cotton (other than industrial products as defined by the

Secretary). The term ''cotton'' shall not, however, include any

entry of imported cotton by an importer that has a value or weight

less than any de minimis figure as established in accordance with

regulations issued by the Secretary. Any de minimis figure as

established under this paragraph shall be such as to minimize the

burden in administering the assessment provision but still provide

for the maximum participation of imports of cotton in the

assessment provisions of this chapter.

(d) The term ''handler'' means any person who handles cotton or

cottonseed or, for the purposes of sections 2102, 2105(c), and 2112

of this title, any person who imports cotton, including de minimis

amounts of cotton described in subsection (c) of this section, in

the manner specified in the order or in the rules and regulations

issued thereunder.

(e) The term ''United States'' means the 50 States of the United

States of America.

(f) The term ''cotton-producing State'' means any State in which

the average annual production of cotton during the five years

1960-1964 was twenty thousand bales or more, except that any State

producing cotton whose production during such period was less than

such amount shall under regulations prescribed by the Secretary be

combined with another State or States producing cotton in such

manner that such average annual production of such combination of

States totaled twenty thousand bales or more, and the term

''cotton-producing State'' shall include any such combination of

States.

(g) The term ''marketing'' includes the sale of cotton or the

pledging of cotton to the Commodity Credit Corporation as

collateral for a price support loan.

(h)(1) The term ''importer'' means any person who enters, or

withdraws from warehouse, cotton for consumption in the customs

territory of the United States.

(2) The term ''import'' means any such entry.

-SOURCE-

(Pub. L. 89-502, Sec. 17, July 13, 1966, 80 Stat. 286; Pub. L.

101-624, title XIX, Sec. 1997, Nov. 28, 1990, 104 Stat. 3913.)

-MISC1-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-624, Sec. 1997(1), designated

existing provisions as cl. (1) and added cl. (2).

Subsec. (d). Pub. L. 101-624, Sec. 1997(2), inserted ''or, for

the purposes of sections 2102, 2105(c), and 2112 of this title, any

person who imports cotton, including de minimis amounts of cotton

described in subsection (c) of this section,'' after

''cottonseed''.

Subsec. (h). Pub. L. 101-624, Sec. 1997(3), added subsec. (h).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2107 of this title.

-CITE-

7 USC Sec. 2117 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2117. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstances is held invalid, the validity of the

remainder of the chapter and of the application of such provision

to other persons and circumstances shall not be affected thereby.

-SOURCE-

(Pub. L. 89-502, Sec. 18, July 13, 1966, 80 Stat. 286.)

-CITE-

7 USC Sec. 2118 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2118. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated out of any money in

the Treasury not otherwise appropriated such funds as are necessary

to carry out the provisions of this chapter. The funds so

appropriated shall not be available for the payment of the expenses

or expenditures of the Cotton Board in administering any provisions

of any order issued pursuant to the terms of this chapter.

-SOURCE-

(Pub. L. 89-502, Sec. 19, July 13, 1966, 80 Stat. 287.)

-CITE-

7 USC Sec. 2119 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 53 - COTTON RESEARCH AND PROMOTION

-HEAD-

Sec. 2119. Repealed. Pub. L. 94-366, Sec. 1, July 14, 1976, 90

Stat. 991

-MISC1-

Section, Pub. L. 91-524, title VI, Sec. 610, Nov. 30, 1970, 84

Stat. 1378; Pub. L. 93-86, Sec. 1(23), Aug. 10, 1973, 87 Stat. 235,

related to cotton development programs of the Commodity Credit

Corporation, and funding for such programs.

EFFECTIVE DATE OF REPEAL

Section 1 of Pub. L. 94-366 provided that this section is

repealed effective Oct. 1, 1977.

-CITE-