US (United States) Code. Title 7. Chapter 90: Mushroom promotion, research and consumer information

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

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-CITE-

7 USC CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND

CONSUMER INFORMATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

.

-HEAD-

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-MISC1-

Sec.

6101. Findings and declaration of policy.

(a) Findings.

(b) Policy.

(c) Construction.

6102. Definitions.

6103. Issuance of orders.

(a) In general.

(b) Procedures.

(c) Amendments.

6104. Required terms in orders.

(a) In general.

(b) Mushroom Council.

(c) Powers and duties of Council.

(d) Plans and budgets.

(e) Contracts and agreements.

(f) Books and records of Council.

(g) Assessments.

(h) Prohibition.

(i) Books and records.

(j) Other terms and conditions.

6105. Referenda.

(a) Initial referendum.

(b) Succeeding referenda.

(c) Manner.

6106. Petition and review.

(a) Petition.

(b) Review.

6107. Enforcement.

(a) Jurisdiction.

(b) Referral to Attorney General.

(c) Civil penalties and orders.

(d) Review by district court.

(e) Failure to obey orders.

(f) Failure to pay penalties.

6108. Investigations and power to subpoena.

(a) Investigations.

(b) Subpoenas, oaths, and affirmations.

(c) Aid of courts.

(d) Contempt.

(e) Process.

(f) Hearing site.

6109. Savings provision.

6110. Suspension or termination of orders.

6111. Authorization of appropriations.

(a) In general.

(b) Administrative expenses.

6112. Regulations.

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CHAPTER REFERRED TO IN OTHER SECTIONS

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

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7 USC Sec. 6101 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6101. Findings and declaration of policy

-STATUTE-

(a) Findings

Congress finds that -

(1) mushrooms are an important food that is a valuable part of

the human diet;

(2) the production of mushrooms plays a significant role in the

Nation's economy in that mushrooms are produced by hundreds of

mushroom producers, distributed through thousands of wholesale

and retail outlets, and consumed by millions of people throughout

the United States and foreign countries;

(3) mushroom production benefits the environment by efficiently

using agricultural byproducts;

(4) mushrooms must be high quality, readily available, handled

properly, and marketed efficiently to ensure that the benefits of

this important product are available to the people of the United

States;

(5) the maintenance and expansion of existing markets and uses,

and the development of new markets and uses, for mushrooms are

vital to the welfare of producers and those concerned with

marketing and using mushrooms, as well as to the agricultural

economy of the Nation;

(6) the cooperative development, financing, and implementation

of a coordinated program of mushroom promotion, research, and

consumer information are necessary to maintain and expand

existing markets for mushrooms; and

(7) mushrooms move in interstate and foreign commerce, and

mushrooms that do not move in such channels of commerce directly

burden or affect interstate commerce in mushrooms.

(b) Policy

It is declared to be the policy of Congress that it is in the

public interest to authorize the establishment, through the

exercise of the powers provided in this chapter, of an orderly

procedure for developing, financing through adequate assessments on

mushrooms produced domestically or imported into the United States,

and carrying out, an effective, continuous, and coordinated program

of promotion, research, and consumer and industry information

designed to -

(1) strengthen the mushroom industry's position in the

marketplace;

(2) maintain and expand existing markets and uses for

mushrooms; and

(3) develop new markets and uses for mushrooms.

(c) Construction

Nothing in this chapter may be construed to provide for the

control of production or otherwise limit the right of individual

producers to produce mushrooms.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1922, Nov. 28, 1990, 104 Stat.

3855.)

-MISC1-

SHORT TITLE

Section 1921 of Pub. L. 101-624 provided that: ''This subtitle

(subtitle B (Sec. 1921-1933) of title XIX of Pub. L. 101-624,

enacting this chapter) may be cited as the 'Mushroom Promotion,

Research, and Consumer Information Act of 1990'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6103 of this title.

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7 USC Sec. 6102 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6102. Definitions

-STATUTE-

As used in this chapter -

(1) Commerce

The term ''commerce'' means interstate, foreign, or intrastate

commerce.

(2) Consumer information

The term ''consumer information'' means information and

programs that will assist consumers and other persons in making

evaluations and decisions regarding the purchase, preparation,

and use of mushrooms.

(3) Council

The term ''Council'' means the Mushroom Council established

under section 6104(b) of this title.

(4) Department

The term ''Department'' means the Department of Agriculture.

(5) First handler

The term ''first handler'' means any person, as described in an

order issued under this chapter, who receives or otherwise

acquires mushrooms from a producer and prepares for marketing or

markets such mushrooms, or who prepares for marketing or markets

mushrooms of that person's own production.

(6) Importer

The term ''importer'' means any person who imports, on average,

over 500,000 pounds of mushrooms annually from outside the United

States.

(7) Industry information

The term ''industry information'' means information and

programs that are designed to lead to the development of new

markets and marketing strategies, increased efficiency, and

activities to enhance the image of the mushroom industry.

(8) Marketing

The term ''marketing'' means the sale or other disposition of

mushrooms in any channel of commerce.

(9) Mushrooms

The term ''mushrooms'' means all varieties of cultivated

mushrooms grown within the United States for the fresh market, or

imported into the United States for the fresh market, that are

marketed, except that such term shall not include mushrooms that

are commercially marinated, canned, frozen, cooked, blanched,

dried, packaged in brine, or otherwise processed, as may be

determined by the Secretary.

(10) Person

The term ''person'' means any individual, group of individuals,

partnership, corporation, association, cooperative, or any other

legal entity.

(11) Producer

The term ''producer'' means any person engaged in the

production of mushrooms who owns or who shares the ownership and

risk of loss of such mushrooms and who produces, on average, over

500,000 pounds of mushrooms per year.

(12) Promotion

The term ''promotion'' means any action determined by the

Secretary to enhance the image or desirability of mushrooms,

including paid advertising.

(13) Research

The term ''research'' means any type of study to advance the

image, desirability, marketability, production, product

development, quality, or nutritional value of mushrooms.

(14) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(15) State and United States

The terms ''State'' and ''United States'' include the 50 States

of the United States, the District of Columbia, and the

Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1923, Nov. 28, 1990, 104 Stat.

3855.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6104 of this title.

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7 USC Sec. 6103 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6103. Issuance of orders

-STATUTE-

(a) In general

To effectuate the declared policy of section 6101(b) of this

title, the Secretary, subject to the procedures provided in

subsection (b) of this section, shall issue orders under this

chapter applicable to producers, importers, and first handlers of

mushrooms. Any such order shall be national in scope. Not more

than one order shall be in effect under this chapter at any one

time.

(b) Procedures

(1) Issuance of an order

The Secretary may propose the issuance of an order under this

chapter, or an association of mushroom producers or any other

person that will be affected by this chapter may request the

issuance of, and submit a proposal for, such an order.

(2) Publication of order

Not later than 60 days after the receipt of a request and

proposal by an interested person for an order, or when the

Secretary determines to propose an order, the Secretary shall

publish the proposed order and give due notice and opportunity

for public comment on the proposed order.

(3) Issuance of order

After notice and opportunity for public comment are given, as

provided in paragraph (2), the Secretary shall issue the order,

taking into consideration the comments received and including in

the order provisions necessary to ensure that the order is in

conformity with the requirements of this chapter. Such order

shall be issued and, if approved by producers and importers of

mushrooms as provided in section 6105(a) of this title, shall

become effective not later than 180 days following publication of

the proposed order.

(c) Amendments

(1) In general

The Secretary, from time to time, may amend any order issued

under this section.

(2) Application of chapter

The provisions of this chapter applicable to an order shall be

applicable to amendments to the order.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1924, Nov. 28, 1990, 104 Stat.

3856.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6105 of this title.

-CITE-

7 USC Sec. 6104 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6104. Required terms in orders

-STATUTE-

(a) In general

Each order issued under this chapter shall contain the terms and

conditions prescribed in this section.

(b) Mushroom Council

(1) Establishment and membership of Council

(A) Establishment

The order shall provide for the establishment of, and

selection of members to, a Mushroom Council that shall consist

of at least 4 members and not more than 9 members.

(B) Membership

Except as provided for in paragraph (2), the members of the

Council shall be mushroom producers and importers appointed by

the Secretary from nominations submitted by producers and

importers in the manner authorized by the Secretary, except

that no more than one member may be appointed to the Council

from nominations submitted by any one producer or importer.

(2) Appointments

(A) In general

In making appointments, the Secretary shall take into

account, to the extent practicable, the geographical

distribution of mushroom production throughout the United

States, and the comparative volume of mushrooms imported into

the United States.

(B) Units

In establishing such geographical distribution of mushroom

production, a whole State shall be considered as a unit and

such units shall be organized into 4 regions that shall fairly

represent the geographic distribution of mushroom production

within the United States.

(C) Importers

Importers shall be represented as one region, which shall be

separate from the regions established for mushrooms produced in

the United States.

(D) Members per region

The Secretary shall appoint one member from each region if

such region produces or imports, on average, at least

35,000,000 pounds of mushrooms annually.

(E) Additional members

Subject to the nine-member limit on the number of members on

the Council provided in paragraph (1), the Secretary shall

appoint an additional member to the Council from a region for

each additional 50,000,000 pounds of production or imports per

year, on average, within the region.

(F) Average annual production

For purposes of this paragraph, in determining average annual

mushroom production in each of the 4 regions of the United

States established under this paragraph, the Secretary shall

only consider mushrooms produced by producers covered by this

chapter, as defined in section 6102(11) of this title.

(G) Failure to nominate

If producers and importers fail to nominate individuals for

appointment, the Secretary may appoint members on a basis

provided for in the order.

(3) Terms; compensation

(A) Terms

The term of appointment to the Council shall be for 3 years,

except that the initial appointments shall to the extent

practicable be proportionately for 1-year, 2-year, and 3-year

terms.

(B) Compensation

Council members shall serve without compensation but shall be

reimbursed for their expenses incurred in performing their

duties as members of the Council.

(c) Powers and duties of Council

The order shall define the powers and duties of the Council,

which shall include the following powers and duties -

(1) to administer the order in accordance with its terms and

provisions;

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

provisions of the order;

(3) to appoint members of the Council to serve on an executive

committee;

(4) to propose, receive, evaluate, approve and submit to the

Secretary for approval under subsection (d) of this section

budgets, plans, and projects of mushroom promotion, research,

consumer information, and industry information, as well as to

contract and enter into agreements with appropriate persons to

implement such plans or projects;

(5) to develop and propose to the Secretary voluntary quality

and grade standards for mushrooms;

(6) to receive, investigate, and report to the Secretary

complaints of violations of the order;

(7) to recommend to the Secretary amendments to the order; and

(8) to invest, pending disbursement under a plan or project,

funds collected through assessments authorized under this chapter

only in -

(A) obligations of the United States or any agency thereof;

(B) general obligations of any State or any political

subdivision thereof;

(C) any interest-bearing account or certificate of deposit of

a bank that is a member of the Federal Reserve System; or

(D) obligations fully guaranteed as to principal and interest

by the United States,

except that income from any such invested funds may only be used

for any purpose for which the invested funds may be used.

(d) Plans and budgets

(1) Submission to Secretary

The order shall provide that the Council shall submit to the

Secretary for approval any plan or project of promotion,

research, consumer information, or industry information.

(2) Budgets

The order shall require the Council to submit to the Secretary

for approval budgets on a fiscal year basis of its anticipated

expenses and disbursements in the implementation of the order,

including projected costs of promotion, research, consumer

information, and industry information plans and projects.

(3) Approval by Secretary

No plan or project of promotion, research, consumer

information, or industry information, or budget, shall be

implemented prior to its approval by the Secretary.

(e) Contracts and agreements

(1) In general

To ensure efficient use of funds, the order shall provide that

the Council may enter into contracts or agreements for the

implementation and carrying out of plans or projects of mushroom

promotion, research, consumer information, or industry

information, including contracts with producer organizations, and

for the payment of the cost thereof with funds received by the

Council under the order.

(2) Requirements

Any such contract or agreement shall provide that -

(A) the contracting party shall develop and submit to the

Council a plan or project together with a budget or budgets

that shall show estimated costs to be incurred for such plan or

project;

(B) the plan or project shall become effective on the

approval of the Secretary; and

(C) the contracting party shall keep accurate records of all

of its transactions, account for funds received and expended,

make periodic reports to the Council of activities conducted,

and make such other reports as the Council or the Secretary may

require.

(3) Producer organizations

The order shall provide that the Council may contract with

producer organizations for any other services. Any such contract

shall include provisions comparable to those provided in

subparagraphs (A), (B), and (C) of paragraph (2).

(f) Books and records of Council

(1) In general

The order shall require the Council to -

(A) maintain such books and records (which shall be available

to the Secretary for inspection and audit) as the Secretary may

prescribe;

(B) prepare and submit to the Secretary, from time to time,

such reports as the Secretary may prescribe; and

(C) account for the receipt and disbursement of all funds

entrusted to the Council.

(2) Audits

The Council shall cause its books and records to be audited by

an independent auditor at the end of each fiscal year, and a

report of such audit to be submitted to the Secretary.

(g) Assessments

(1) Collection and payment

(A) In general

The order shall provide that each first handler of mushrooms

for the domestic fresh market produced in the United States

shall collect, in the manner prescribed by the order,

assessments from producers and remit the assessments to the

Council.

(B) Importers

The order also shall provide that each importer of mushrooms

for the domestic fresh market shall pay assessments to the

Council in the manner prescribed by the order.

(C) Direct marketing

Any person marketing mushrooms of that person's own

production directly to consumers shall remit the assessments on

such mushrooms directly to the Council in the manner prescribed

in the order.

(2) Rate of assessment

The rate of assessment shall be determined and announced by the

Council and may be changed by the Council at any time. The order

shall provide that the rate of assessment -

(A) for the first year of the order, may not exceed

one-quarter cent per pound of mushrooms;

(B) for the second year of the order, may not exceed

one-third cent per pound of mushrooms;

(C) for the third year of the order, may not exceed one-half

cent per pound of mushrooms; and

(D) for the following years of the order, may not exceed one

cent per pound of mushrooms.

(3) Use of assessments

The order shall provide that the assessments shall be used for

payment of the expenses in implementing and administering this

chapter, with provision for a reasonable reserve, and to cover

those administrative costs incurred by the Secretary in

implementing and administering this chapter, except for the

salaries of Government employees incurred in conducting

referenda.

(4) Limitation on collection

No assessment may be collected on mushrooms that a first

handler certifies will be exported as mushrooms.

(h) Prohibition

The order shall prohibit any funds received by the Council under

the order from being used in any manner for the purpose of

influencing legislation or governmental action or policy, except

that such funds may be used by the Council for the development and

recommendation to the Secretary of amendments to the order as

prescribed in this chapter and for the submission to the Secretary

of recommended voluntary grade and quality standards for mushrooms

under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et

seq.).

(i) Books and records

(1) In general

The order shall require that each first handler and importer of

mushrooms maintain, and make available for inspection, such books

and records as may be required by the order and file reports at

the time, in the manner, and having the content prescribed by the

order.

(2) Availability to Secretary

Such information shall be made available to the Secretary as is

appropriate for the administration or enforcement of this

chapter, the order, or any regulation issued under this chapter.

(3) Confidentiality

(A) In general

Except as otherwise provided in this chapter, all information

obtained under paragraph (1) shall be kept confidential by all

officers and employees of the Department and the Council, and

agents of the Council, and only such information so obtained as

the Secretary considers relevant may be disclosed to the public

by them and then only in a suit or administrative hearing

brought at the request of the Secretary, or to which the

Secretary or any officer of the United States is a party, and

involving the order.

(B) Limitations

Nothing in this paragraph may be construed to prohibit -

(i) the issuance of general statements, based on the

reports, of the number of persons subject to the order or

statistical data collected therefrom, which statements do not

identify the information furnished by any person; or

(ii) the publication, by direction of the Secretary, of the

name of any person violating the order, together with a

statement of the particular provisions of the order violated

by such person.

(4) Availability of information

(A) In general

Except as otherwise provided in this chapter, information

obtained under this chapter may be made available to another

agency of the Federal Government for a civil or criminal law

enforcement activity if the activity is authorized by law and

if the head of the agency has made a written request to the

Secretary specifying the particular information desired and the

law enforcement activity for which the information is sought.

(B) Penalty

Any person knowingly violating this subsection, on

conviction, shall be subject to a fine of not more than $1,000

or to imprisonment for not more than 1 year, or both, and if an

officer or employee of the Council or the Department, shall be

removed from office.

(5) Withholding information

Nothing in this chapter shall be construed to authorize the

withholding of information from Congress.

(j) Other terms and conditions

The order also shall contain such terms and conditions, not

inconsistent with this chapter, as are necessary to effectuate this

chapter, including provisions for the assessment of a penalty for

each late payment of assessments under subsection (g) of this

section.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1925, Nov. 28, 1990, 104 Stat.

3857; Pub. L. 102-237, title VIII, Sec. 803(1), Dec. 13, 1991, 105

Stat. 1882.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Marketing Act of 1946, referred to in subsec.

(h), is title II of act Aug. 14, 1946, ch. 966, 60 Stat. 1087, as

amended, which is classified generally to chapter 38 (Sec. 1621 et

seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1621 of this

title and Tables.

-MISC2-

AMENDMENTS

1991 - Subsec. (h). Pub. L. 102-237 substituted ''governmental''

for ''government''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6102 of this title.

-CITE-

7 USC Sec. 6105 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6105. Referenda

-STATUTE-

(a) Initial referendum

(1) In general

Within the 60-day period immediately preceding the effective

date of an order issued under section 6103(b) of this title, the

Secretary shall conduct a referendum among mushroom producers and

importers to ascertain whether the order shall go into effect.

(2) Approval of order

The order shall become effective, as provided in section

6103(b) of this title, if the Secretary determines that the order

has been approved by a majority of the producers and importers

voting in the referendum, which majority, on average, annually

produces and imports into the United States more than 50 percent

of the mushrooms annually produced and imported by all those

voting in the referendum.

(b) Succeeding referenda

(1) Determination concerning order

(A) In general

Effective 5 years after the date on which an order becomes

effective under section 6103(b) of this title, the Secretary

shall conduct a referendum among mushroom producers and

importers to ascertain whether they favor continuation,

termination, or suspension of the order.

(B) Request for referendum

Effective beginning 3 years after the date on which an order

becomes effective under section 6103(b) of this title, the

Secretary, on request of a representative group comprising 30

percent or more of the number of mushroom producers and

importers, may conduct a referendum to ascertain whether

producers and importers favor termination or suspension of the

order.

(2) Suspension or termination

If, as a result of any referendum conducted under paragraph

(1), the Secretary determines that suspension or termination of

an order is favored by a majority of the producers and importers

voting in the referendum, which majority, on average, annually

produces and imports into the United States more than 50 percent

of the mushrooms annually produced and imported by all those

voting in the referendum, the Secretary shall -

(A) within 6 months after making such determination, suspend

or terminate, as appropriate, collection of assessments under

the order; and

(B) suspend or terminate, as appropriate, activities under

the order in an orderly manner as soon as practicable.

(c) Manner

Referenda conducted pursuant to this section shall be conducted

in such a manner as is determined by the Secretary.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1926, Nov. 28, 1990, 104 Stat.

3861.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6103 of this title.

-CITE-

7 USC Sec. 6106 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6106. Petition and review

-STATUTE-

(a) Petition

(1) In general

A person subject to an order issued under this chapter may file

with the Secretary a petition -

(A) stating that the order, any provision of the order, or

any obligation imposed in connection with the order, is not in

accordance with law; and

(B) requesting a modification of the order or an exemption

from the order.

(2) Hearings

The petitioner shall be given the opportunity for a hearing on

the petition, in accordance with regulations issued by the

Secretary.

(3) Ruling

After such hearing, the Secretary shall make a ruling on the

petition, which shall be final if in accordance with law.

(b) Review

(1) Commencement of action

The district courts of the United States in any district in

which a person who is a petitioner under subsection (a) of this

section resides or carries on business are hereby vested with

jurisdiction to review the ruling on such person's petition, if a

complaint for that purpose is filed within 20 days after the date

of the entry of such ruling of the Secretary under subsection (a)

of this section.

(2) Process

Service of process in such proceedings shall be conducted in

accordance with the Federal Rules of Civil Procedure.

(3) Remands

If the court determines that such ruling is not in accordance

with law, the court shall remand the matter to the Secretary with

directions either -

(A) to make such ruling as the court shall determine to be in

accordance with law; or

(B) to take such further action as, in the opinion of the

court, the law requires.

(4) Enforcement

The pendency of proceedings instituted under subsection (a) of

this section shall not impede, hinder, or delay the Attorney

General or the Secretary from obtaining relief pursuant to

section 6107 of this title.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1927, Nov. 28, 1990, 104 Stat.

3862.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(b)(2), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6108 of this title.

-CITE-

7 USC Sec. 6107 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6107. Enforcement

-STATUTE-

(a) Jurisdiction

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

by the Secretary under this chapter.

(b) Referral to Attorney General

A civil action authorized to be brought under this section shall

be referred to the Attorney General for appropriate action, except

that the Secretary is not required to refer to the Attorney General

a violation of this chapter, or any order or regulation issued

under this chapter, if the Secretary believes that the

administration and enforcement of this chapter would be adequately

served by administrative action under subsection (c) of this

section or suitable written notice or warning to the person who

committed or is committing the violation.

(c) Civil penalties and orders

(1) Civil penalties

A person who willfully violates a provision of any order or

regulation issued by the Secretary under this chapter, or who

fails or refuses to pay, collect, or remit any assessment or fee

duly required of the person under such order or regulation, may

be assessed a civil penalty by the Secretary of not less than

$500 nor more than $5,000 for each such violation. Each

violation shall be a separate offense.

(2) Cease-and-desist orders

In addition to or in lieu of such civil penalty, the Secretary

may issue an order requiring such person to cease and desist from

continuing such violation.

(3) Notice and hearing

No penalty shall be assessed or cease and desist order issued

by the Secretary under this subsection unless the Secretary gives

the person against whom the penalty is assessed or the order is

issued notice and opportunity for a hearing before the Secretary

with respect to such violation.

(4) Finality

The penalty assessed or cease and desist order issued under

this subsection shall be final and conclusive unless the person

against whom the penalty is assessed or the order is issued files

an appeal with the appropriate district court of the United

States in accordance with subsection (d) of this section.

(d) Review by district court

(1) Commencement of action

Any person against whom a violation is found and a civil

penalty assessed or cease and desist order issued under

subsection (c) of this section may obtain review of the penalty

or order by -

(A) filing, within the 30-day period beginning on the date

such penalty is assessed or order issued, a notice of appeal in

the district court of the United States for the district in

which such person resides or does business, or in the United

States District Court for the District of Columbia; and

(B) simultaneously sending a copy of the notice by certified

mail to the Secretary.

(2) Record

The Secretary shall promptly file in such court a certified

copy of the record on which the Secretary found that the person

had committed a violation.

(3) Standard of review

A finding of the Secretary shall be set aside only if the

finding is found to be unsupported by substantial evidence.

(e) Failure to obey orders

A person who fails to obey a cease and desist order after the

order has become final and unappealable, or after the appropriate

United States district court has entered a final judgment in favor

of the Secretary, shall be subject to a civil penalty assessed by

the Secretary, after opportunity for a hearing and for judicial

review under the procedures specified in subsections (c) and (d) of

this section, of not more than $500 for each offense. Each day

during which such failure continues shall be considered as a

separate violation of such order.

(f) Failure to pay penalties

If a person fails to pay an assessment of a civil penalty after

it has become final and unappealable, or after the appropriate

United States district court has entered final judgment in favor of

the Secretary, the Secretary shall refer the matter to the Attorney

General for recovery of the amount assessed in any district court

in which the person resides or conducts business. In such action,

the validity and appropriateness of such civil penalty shall not be

subject to review.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1928, Nov. 28, 1990, 104 Stat.

3863; Pub. L. 102-237, title VIII, Sec. 803(2), Dec. 13, 1991, 105

Stat. 1882.)

-MISC1-

AMENDMENTS

1991 - Subsec. (d)(1)(A). Pub. L. 102-237 substituted ''United

States District Court'' for ''United States district court''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6106, 6108 of this title.

-CITE-

7 USC Sec. 6108 01/06/03

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-HEAD-

Sec. 6108. Investigations and power to subpoena

-STATUTE-

(a) Investigations

The Secretary may make such investigations as the Secretary

considers necessary for the effective administration of this

chapter or to determine whether any person subject to this chapter

has engaged or is engaging in any act that constitutes a violation

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

this chapter.

(b) Subpoenas, oaths, and affirmations

(1) In general

For the purpose of an investigation made under subsection (a)

of this section, the Secretary may administer oaths and

affirmations and issue a subpoena to require the production of

any records that are relevant to the inquiry. The production of

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

States.

(2) Administrative hearings

For the purpose of an administrative hearing held under section

6106 or 6107 of this title, the presiding officer is authorized

to administer oaths and affirmations, subpoena witnesses, compel

their attendance, take evidence, and require the production of

any records that 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.

(c) Aid of courts

In case of contumacy by, or refusal to obey a subpoena issued to,

any person, 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 order to enforce a subpoena issued by the

Secretary under subsection (b) of this section. The court may

issue an order requiring such person to comply with such a

subpoena.

(d) Contempt

Any failure to obey such order of the court may be punished by

such court as a contempt thereof.

(e) Process

Process in any such case may be served in the judicial district

in which such person resides or conducts business or wherever such

person may be found.

(f) Hearing site

The site of any hearings held under section 6106 or 6107 of this

title shall be within the judicial district where such person

resides or has a principal place of business.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1929, Nov. 28, 1990, 104 Stat.

3864; Pub. L. 102-237, title VIII, Sec. 803(3), Dec. 13, 1991, 105

Stat. 1882.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b)(2). Pub. L. 102-237 struck out ''section''

after ''6106 or''.

-CITE-

7 USC Sec. 6109 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6109. Savings provision

-STATUTE-

Nothing in this chapter may be construed to preempt or supersede

any other program relating to mushroom promotion, research,

consumer information, or industry information organized and

operated under the laws of the United States or any State.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1930, Nov. 28, 1990, 104 Stat.

3865.)

-CITE-

7 USC Sec. 6110 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6110. Suspension or termination of orders

-STATUTE-

The Secretary shall, whenever the Secretary finds that the order

or any provision of the order obstructs or does not tend to

effectuate the declared policy of this chapter, terminate or

suspend the operation of such order or provision. The termination

or suspension of any order, or any provision thereof, shall not be

considered an order under the meaning of this chapter.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1931, Nov. 28, 1990, 104 Stat.

3865.)

-CITE-

7 USC Sec. 6111 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6111. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated for each fiscal year such

sums as are necessary to carry out this chapter.

(b) Administrative expenses

The funds so appropriated shall not be available for payment of

the expenses or expenditures of the Council in administering any

provision of an order issued under this chapter.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1932, Nov. 28, 1990, 104 Stat.

3865.)

-CITE-

7 USC Sec. 6112 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 90 - MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6112. Regulations

-STATUTE-

The Secretary may issue such regulations as are necessary to

carry out this chapter.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1933, Nov. 28, 1990, 104 Stat.

3865.)

-CITE-