-CITE-

7 USC CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH,

AND INFORMATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

.

-HEAD-

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-MISC1-

Sec.

7801. Findings and declaration of policy.

(a) Findings.

(b) Purpose.

(c) Limitation.

7802. Definitions.

7803. Issuance of orders.

(a) In general.

(b) Procedures.

(c) Amendments.

7804. Required terms in orders.

(a) In general.

(b) Hass Avocado Board.

(c) General responsibilities of the Avocado Board.

(d) Budgets; plans and projects.

(e) Contracts and agreements.

(f) Books and records of Board.

(g) Control of administrative costs.

(h) Assessments.

(i) Reimbursement of Secretary expenses.

(j) Prohibition on brand advertising and certain

claims.

(k) Prohibition on use of funds to influence

governmental action.

(l) Prohibition of conflict of interest.

(m) Books and records; reports.

(n) Consultations with industry experts.

(o) Other terms of the order.

7805. Referenda.

(a) Requirements for initial referendum.

(b) Votes permitted.

(c) Manner of conducting referenda.

(d) Subsequent referenda.

(e) Suspension or termination.

7806. Petition and review.

(a) Petition and hearing.

(b) Review.

(c) Enforcement.

7807. Enforcement.

(a) Jurisdiction.

(b) Referral to Attorney General.

(c) Civil penalties and orders.

(d) Review by district court.

(e) Failure to obey an order.

(f) Failure to pay a penalty.

(g) Additional remedies.

7808. Investigations and power to subpoena.

(a) Investigations.

(b) Subpoenas, oaths, and affirmations.

(c) Aid of courts.

7809. Confidentiality.

(a) Prohibition.

(b) Penalty.

(c) Additional prohibition.

(d) Withholding information from Congress prohibited.

7810. Authority for Secretary to suspend or terminate order.

(a) Grounds for suspension or termination.

(b) Effect of lack of approval of order.

7811. Rules of construction.

(a) Termination or suspension not an order.

(b) Rights.

(c) Other programs.

7812. Regulations.

7813. Authorization of appropriations.

(a) In general.

(b) Administrative expenses.

-CITE-

7 USC Sec. 7801 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7801. Findings and declaration of policy

-STATUTE-

(a) Findings

Congress finds the following:

(1) Hass avocados are an integral food source in the United

States that are a valuable and healthy part of the human diet and

are enjoyed by millions of persons every year for a multitude of

everyday and special occasions.

(2) Hass avocados are a significant tree fruit crop grown by

many individual producers, but virtually all domestically

produced Hass avocados for the commercial market are grown in the

State of California.

(3) Hass avocados move in interstate and foreign commerce, and

Hass avocados that do not move in interstate or foreign channels

of commerce but only in intrastate commerce directly affect

interstate commerce in Hass avocados.

(4) In recent years, large quantities of Hass avocados have

been imported into the United States from other countries.

(5) The maintenance and expansion of markets in existence on

October 28, 2000, and the development of new or improved markets

or uses for Hass avocados are needed to preserve and strengthen

the economic viability of the domestic Hass avocado industry for

the benefit of producers and other persons associated with the

producing, marketing, processing, and consuming of Hass avocados.

(6) An effective and coordinated program of promotion,

research, industry information, and consumer information

regarding Hass avocados is necessary for the maintenance,

expansion, and development of domestic markets for Hass avocados.

(b) Purpose

It is the purpose of this chapter to authorize the establishment,

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

orderly procedure for the development and financing (through an

adequate assessment on Hass avocados sold by producers and

importers in the United States) of an effective and coordinated

program of promotion, research, industry information, and consumer

information, including funds for marketing and market research

activities, that is designed to -

(1) strengthen the position of the Hass avocado industry in the

domestic marketplace; and

(2) maintain, develop, and expand markets and uses for Hass

avocados in the domestic marketplace.

(c) Limitation

Nothing in this chapter may be construed to provide for the

control of production or otherwise limit the right of any person to

produce, handle, or import Hass avocados.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1202), Oct. 28, 2000,

114 Stat. 1549, 1549A-79.)

-MISC1-

SHORT TITLE

Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1201), Oct. 28, 2000,

114 Stat. 1549, 1549A-79, provided that: ''This title (enacting

this chapter) may be cited as the 'Hass Avocado Promotion,

Research, and Information Act of 2000'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7803, 7810 of this title.

-CITE-

7 USC Sec. 7802 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7802. Definitions

-STATUTE-

As used in this chapter:

(1) Board

The terms ''Avocado Board'' and ''Board'' mean the Hass Avocado

Board established under section 7804 of this title.

(2) Conflict of interest

The term ''conflict of interest'' means a situation in which a

member or employee of the Board has a direct or indirect

financial interest in a person that performs a service for, or

enters into a contract with, the Board for anything of economic

value.

(3) Consumer information

The term ''consumer information'' means any action or program

that provides information to consumers and other persons on the

use, nutritional attributes, and other information that will

assist consumers and other persons in making evaluations and

decisions regarding the purchase, preparation, and use of Hass

avocados.

(4) Customs

The term ''Customs'' means the United States Customs Service.

(5) Department

The term ''Department'' means the United States Department of

Agriculture.

(6) Hass avocado

(A) In general

The term ''Hass avocado'' includes -

(i) the fruit of any Hass variety avocado tree; and

(ii) any other type of avocado fruit that the Board, with

the approval of the Secretary, determines is so similar to

the Hass variety avocado as to be indistinguishable to

consumers in fresh form.

(B) Form of fruit

Except as provided in subparagraph (C), the term includes

avocado fruit described in subparagraph (A) whether in fresh,

frozen, or any other processed form.

(C) Exceptions

In any case in which a handler further processes avocados

described in subparagraph (A), or products of such avocados,

for sale to a retailer, the Board, with the approval of the

Secretary, may determine that such further processed products

do not constitute a substantial value of the product and that,

based on its determination, the product shall not be treated as

a product of Hass avocados subject to assessment under the

order. In addition, the Board, with the approval of the

Secretary, may exempt certain frozen avocado products from

assessment under the order.

(7) Handler

(A) First handler

The term ''first handler'' means a person operating in the

Hass avocados marketing system that sells domestic or imported

Hass avocados for United States domestic consumption, and who

is responsible for remitting assessments to the Board. The term

includes an importer or producer who sells directly to

consumers Hass avocados that the importer or producer has

imported into the United States or produced, respectively.

(B) Exempt handler

The term ''exempt handler'' means a person who would

otherwise be considered a first handler, except that all

avocados purchased by the person have already been subject to

the assessment under section 7804(h) of this title.

(8) Importer

The term ''importer'' means any person who imports Hass

avocados into the United States.

(9) Industry information

The term ''industry information'' means information and

programs that are designed to increase efficiency in processing,

enhance the development of new markets and marketing strategies,

increase marketing efficiency, and activities to enhance the

image of Hass avocados and the Hass avocado industry

domestically.

(10) Order

The term ''order'' means the Hass avocado promotion, research,

and information order issued under this chapter.

(11) Person

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

firm, partnership, corporation, joint stock company, association,

cooperative, or other legal entity.

(12) Producer

The term ''producer'' means any person who -

(A) is engaged in the domestic production of Hass avocados

for commercial use; and

(B) owns, or shares the ownership and risk of loss, of such

Hass avocados.

(13) Promotion

The term ''promotion'' means any action to advance the image,

desirability, or marketability of Hass avocados, including paid

advertising, sales promotion, and publicity, in order to improve

the competitive position and stimulate sales of Hass avocados in

the domestic marketplace.

(14) Research

The term ''research'' means any type of test, study, or

analysis relating to market research, market development, and

marketing efforts, or relating to the use, quality, or

nutritional value of Hass avocados, other related food science

research, or research designed to advance the image,

desirability, and marketability of Hass avocados.

(15) Secretary

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

(16) State

The term ''State'' means each of the several States of the

United States, the District of Columbia, the Commonwealth of

Puerto Rico, the Commonwealth of the Northern Mariana Islands,

the United States Virgin Islands, Guam, American Samoa, the

Republic of the Marshall Islands, and the Federated States of

Micronesia.

(17) United States

The term ''United States'' means the United States

collectively.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1203), Oct. 28, 2000,

114 Stat. 1549, 1549A-79.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7804, 7805 of this title.

-CITE-

7 USC Sec. 7803 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7803. Issuance of orders

-STATUTE-

(a) In general

(1) Issuance

To effectuate the policy of this chapter specified in section

7801(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 Hass avocados.

(2) Scope

Any order shall be national in scope.

(3) One order

Not more than one order shall be in effect at any one time.

(b) Procedures

(1) Proposal for an order

An existing organization of avocado producers established

pursuant to a State statute, or any other person who will be

affected by this chapter, may request the issuance of, and submit

a proposal for an order.

(2) Publication of proposal

The Secretary shall publish a proposed order and give notice

and opportunity for public comment on the proposed order not

later than 60 days after receipt by the Secretary of a proposal

for an order from an existing organization of avocado producers

established pursuant to a State statute, as provided in paragraph

(1).

(3) Issuance of order

(A) In general

After notice and opportunity for public comment are provided

in accordance with paragraph (2), the Secretary shall issue the

order, taking into consideration the comments received and

including in the order such provisions as are necessary to

ensure that the order is in conformity with this chapter.

(B) Effective date

The order shall be issued and become effective only after an

affirmative vote in a referendum as provided in section 7805 of

this title, but not later than 180 days after publication of

the proposed order.

(c) Amendments

The Secretary, from time to time, may amend an order. The

provisions of this chapter applicable to an order shall be

applicable to any amendment to an order.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1204), Oct. 28, 2000,

114 Stat. 1549, 1549A-81.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7804, 7805 of this title.

-CITE-

7 USC Sec. 7804 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7804. Required terms in orders

-STATUTE-

(a) In general

An order shall contain the terms and provisions specified in this

section.

(b) Hass Avocado Board

(1) Establishment and membership

(A) Establishment

The order shall provide for the establishment of a Hass

Avocado Board, consisting of 12 members, to administer the

order.

(B) Membership

(i) Appointment

The order shall provide that members of the Board shall be

appointed by the Secretary from nominations submitted as

provided in this subsection.

(ii) Composition

The Board shall consist of participating domestic producers

and importers.

(C) Special definition of importer

In this subsection, the term ''importer'' means a person who

is involved in, as a substantial activity, the importation,

sale, and marketing of Hass avocados in the United States

(either directly or as an agent, broker, or consignee of any

person or nation that produces or handles Hass avocados outside

the United States for sale in the United States), and who is

subject to assessments under the order.

(2) Distribution of appointments

(A) In general

The order shall provide that the membership of the Board

shall consist of the following:

(i) Seven members who are domestic producers of Hass

avocados and are subject to assessments under the order.

(ii) Two members who represent importers of Hass avocados

and are subject to assessments under the order.

(iii) Three members who are domestic producers of Hass

avocados and are subject to assessments under the order, or

are importers of Hass avocados and are subject to assessments

under the order, to reflect the proportion of domestic

production and imports supplying the United States market,

which shall be based on the Secretary's determination of the

average volume of domestic production of Hass avocados

proportionate to the average volume of imports of Hass

avocados in the United States over the previous 3 years.

(B) Adjustment in Board representation

Three years after the assessment of Hass avocados commences

pursuant to an order, and at the end of each 3-year period

thereafter, the Avocado Board shall adjust the proportion of

producer representatives to importer representatives on the

Board under subparagraph (A)(iii) on the basis of the amount of

assessments collected from producers and importers over the

immediately preceding 3-year period. Any adjustment under this

subparagraph shall be subject to the review and approval of the

Secretary.

(3) Nomination process

The order shall provide that -

(A) two nominees shall be submitted for each appointment to

the Board;

(B) nominations for each appointment of a producer or an

importer shall be made by domestic producers or importers,

respectively -

(i) in the case of producers, through an election process

which utilizes existing organizations of avocado producers

established pursuant to a State statute, with approval by the

Secretary; and

(ii) in the case of importers, nominations are submitted by

importers under such procedures as the Secretary determines

appropriate; and

(C) in any case in which producers or importers fail to

nominate individuals for an appointment to the Board, the

Secretary may appoint an individual to fill the vacancy on a

basis provided in the order or other regulations of the

Secretary.

(4) Alternates

The order shall provide for the selection of alternate members

of the Board by the Secretary in accordance with procedures

specified in the order.

(5) Terms

The order shall provide that -

(A) each term of appointment to the Board shall be for 3

years, except that, of the initial appointments, four of the

appointments shall be for 2-year terms, four of the

appointments shall be for 3-year terms, and four of the

appointments shall be for 4-year terms; and

(B) no member of the Board may serve more than 2 consecutive

terms of 3 years, except that any member serving an initial

term of 4 years may serve an additional term of 3 years.

(6) Replacement

(A) Disqualification from Board service

The order shall provide that if a member or alternate of the

Board who was appointed as a domestic producer or importer

ceases to belong to the group for which such member was

appointed, such member or alternate shall be disqualified from

serving on the Board.

(B) Manner of filling vacancy

A vacancy arising as a result of disqualification or any

other reason before the expiration of the term of office of an

incumbent member or alternate of the Board shall be filled in a

manner provided in the order.

(7) Compensation

The order shall provide that members and alternates of the

Board shall serve without compensation, but shall be reimbursed

for the reasonable expenses incurred in performing duties as

members or alternates of the Board.

(c) General responsibilities of the Avocado Board

The order shall define the general responsibilities of the

Avocado Board, which shall include the responsibility to -

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

provisions of the order;

(2) meet, organize, and select from among the members of the

Board a chairperson, other officers, and committees and

subcommittees, as the Board determines to be appropriate;

(3) recommend to the Secretary rules and regulations to

effectuate the terms and provisions of the order;

(4) employ such persons as the Board determines are necessary,

and set the compensation and define the duties of the persons;

(5)(A) develop budgets for the implementation of the order and

submit the budgets to the Secretary for approval under subsection

(d) of this section; and

(B) propose and develop (or receive and evaluate), approve, and

submit to the Secretary for approval under subsection (d) of this

section plans or projects for Hass avocado promotion, industry

information, consumer information, or related research;

(6)(A) implement plans and projects for Hass avocado promotion,

industry information, consumer information, or related research,

as provided in subsection (d) of this section; or

(B) contract or enter into agreements with appropriate persons

to implement the plans and projects, as provided in subsection

(e) of this section, and pay the costs of the implementation, or

contracts and agreement, with funds received under the order;

(7) evaluate on-going and completed plans and projects for Hass

avocado promotion, industry information, consumer information, or

related research and comply with the independent evaluation

provisions of the Commodity Promotion, Research, and Information

Act of 1996 (subtitle B of title V of Public Law 104-127 (7

U.S.C. 7411 et seq.));

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

complaints of violations of the order;

(9) recommend to the Secretary amendments to the order;

(10) 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 of the

United States;

(B) general obligations of any State or any political

subdivision of a State;

(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 be used only for a purpose for which the invested

funds may be used;

(11) borrow funds necessary for the startup expenses of the

order; and

(12) provide the Secretary such information as the Secretary

may require.

(d) Budgets; plans and projects

(1) Submission of budgets

The order shall require the Board to submit to the Secretary

for approval budgets, on a fiscal year basis, of the anticipated

expenses and disbursements of the Board in the implementation of

the order, including the projected costs of Hass avocado

promotion, industry information, consumer information, and

related research plans and projects.

(2) Plans and projects

(A) Promotion and consumer information

The order shall provide -

(i) for the establishment, implementation, administration,

and evaluation of appropriate plans and projects for

advertising, sales promotion, other promotion, and consumer

information with respect to Hass avocados, and for the

disbursement of necessary funds for the purposes described in

this clause; and

(ii) that any plan or project referred to in clause (i)

shall be directed toward increasing the general demand for

Hass avocados in the domestic marketplace.

(B) Industry information

The order shall provide for the establishment,

implementation, administration, and evaluation of appropriate

plans and projects that will lead to the development of new

markets, maintain and expand existing markets, lead to the

development of new marketing strategies, or increase the

efficiency of the Hass avocado industry, and activities to

enhance the image of the Hass avocado industry, and for the

disbursement of necessary funds for the purposes described in

this subparagraph.

(C) Research

The order shall provide for -

(i) the establishment, implementation, administration, and

evaluation of plans and projects for market development

research, research with respect to the sale, distribution,

marketing, use, quality, or nutritional value of Hass

avocados, and other research with respect to Hass avocado

marketing, promotion, industry information or consumer

information;

(ii) the dissemination of the information acquired through

the plans and projects; and

(iii) the disbursement of such funds as are necessary to

carry out this subparagraph.

(D) Submission to Secretary

The order shall provide that the Board shall submit to the

Secretary for approval a proposed plan or project for Hass

avocados promotion, industry information, consumer information,

or related research, as described in subparagraphs (A), (B),

and (C).

(3) Approval by Secretary

A budget, plan, or project for Hass avocados promotion,

industry information, consumer information, or related research

may not be implemented prior to approval of the budget, plan, or

project by the Secretary. Not later than 45 days after receipt of

such a budget, plan, or project, the Secretary shall notify the

Board whether the Secretary approves or disapproves the budget,

plan, or project. If the Secretary fails to provide such notice

before the end of the 45-day period, the budget, plan, or project

shall be deemed to be approved and may be implemented by the

Board.

(e) Contracts and agreements

(1) Promotion, consumer information, industry information and

related research plans and projects

(A) In general

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

that the Board, with the approval of the Secretary, shall enter

into a contract or an agreement with an avocado organization

established by State statute in a State with the majority of

Hass avocado production in the United States, for the

implementation of a plan or project for promotion, industry

information, consumer information, or related research with

respect to Hass avocados, and for the payment of the cost of

the contract or agreement with funds received by the Board

under the order.

(B) Requirements

The order shall provide that any contract or agreement

entered into under this paragraph shall provide that -

(i) the contracting or agreeing party shall develop and

submit to the Board a plan or project, together with a budget

that includes the estimated costs to be incurred for the plan

or project;

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

approval of the Secretary; and

(iii) the contracting party or agreeing party shall -

(I) keep accurate records of all transactions of the

party;

(II) account for funds received and expended;

(III) make periodic reports to the Board of activities

conducted; and

(IV) make such other reports as the Board or the

Secretary shall require.

(2) Other contracts and agreements

The order shall provide that the Board, with the approval of

the Secretary, may enter into a contract or agreement for

administrative services. Any contract or agreement entered into

under this paragraph shall include provisions comparable to the

provisions described in paragraph (1)(B).

(f) Books and records of Board

(1) In general

The order shall require the Board to -

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

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

require;

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

such reports as the Secretary may require; and

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

entrusted to the Board, including all assessment funds

disbursed by the Board to a State organization of avocado

producers established pursuant to State law.

(2) Audits

The Board shall cause the books and records of the Board to be

audited by an independent auditor at the end of each fiscal

year. A report of each audit shall be submitted to the

Secretary.

(g) Control of administrative costs

(1) System of cost controls

The order shall provide that the Board shall, as soon as

practicable after the order becomes effective and after

consultation with the Secretary and other appropriate persons,

implement a system of cost controls based on normally accepted

business practices that -

(A) will ensure that the costs incurred by the Board in

administering the order in any fiscal year shall not exceed 10

percent of the projected level of assessments to be collected

by the Board for that fiscal year; and

(B) cover the minimum administrative activities and personnel

needed to properly administer and enforce the order, and

conduct, supervise, and evaluate plans and projects under the

order.

(2) Use of existing personnel and facilities

The Board shall use, to the extent possible, the resources,

staffs, and facilities of existing organizations, as provided in

subsection (e)(1)(A) of this section.

(h) Assessments

(1) Authority

(A) In general

The order shall provide that each first handler shall remit

to the Board, in the manner provided in the order, an

assessment collected from the producer, except to the extent

that the sale is excluded from assessments under paragraph (6).

In the case of imports, the assessment shall be levied upon

imports and remitted to the Board by Customs.

(B) Published lists

To facilitate the payment of assessments under this

paragraph, the Board shall publish lists of first handlers

required to remit assessments under the order and exempt

handlers.

(C) Making determinations

(i) First handler status

The order shall contain provisions regarding the

determination of the status of a person as a first handler or

exempt handler.

(ii) Producer-handlers

For purposes of paragraph (3), a producer-handler shall be

considered the first handler of those Hass avocados that are

produced by that producer-handler and packed by that

producer-handler for sale at wholesale or retail.

(iii) Importers

The assessment on imported Hass avocados shall be paid by

the importer to Customs at the time of entry into the United

States and shall be remitted by Customs to the Board.

Importation occurs when Hass avocados originating outside the

United States are released from custody of Customs and

introduced into the stream of commerce within the United

States. Importers include persons who hold title to

foreign-produced Hass avocados immediately upon release by

Customs, as well as any persons who act on behalf of others,

as agents, brokers, or consignees, to secure the release of

Hass avocados from Customs and the introduction of the

released Hass avocados into the current of commerce.

(2) Assessment rates

With respect to assessment rates, the order shall contain the

following terms:

(A) Initial rate

The rate of assessment on Hass avocados shall be $.025 per

pound on fresh avocados or the equivalent rate for processed

avocados on which an assessment has not been paid.

(B) Changes in the rate

(i) In general

Once the order in is effect, the uniform assessment rate

may be increased or decreased not more than once annually,

but in no event shall the rate of assessment be in excess of

$.05 per pound.

(ii) Requirements

Any change in the rate of assessment under this

subparagraph -

(I) may be made only if adopted by the Board by an

affirmative vote of at least seven members of the Board and

approved by the Secretary as necessary to achieve the

objectives of this chapter (after public notice and

opportunity for comment in accordance with section 553 of

title 5 and without regard to sections 556 and 557 of such

title);

(II) shall be announced by the Board not less than 30

days prior to going into effect; and

(III) shall not be subject to a vote in a referendum

conducted under section 7805 of this title.

(3) Collection by first handlers

Except as provided in paragraph (1)(C)(iii), the first handler

of Hass avocados shall be responsible for the collection of

assessments from the producer under this subsection. As part of

the collection of assessments, the first handler shall maintain a

separate record of the Hass avocados of each producer whose Hass

avocados are so handled, including the Hass avocados produced by

the first handler.

(4) Timing of submitting assessments

The order shall provide that each person required to remit

assessments under this subsection shall remit to the Board the

assessment due from each sale of Hass avocados that is subject to

an assessment within such time period after the sale (not to

exceed 60 days after the end of the month in which the sale took

place) as is specified in the order.

(5) Claiming an exemption from collecting assessments

To claim an exemption under section 7802(6) of this title as an

exempt handler for a particular fiscal year, a person shall

submit an application to the Board -

(A) stating the basis for such exemption; and

(B) certifying such person will not purchase Hass avocados in

the United States on which an assessment has not been paid for

the current fiscal year.

(6) Exclusion

An order shall exclude from assessments under the order any

sale of Hass avocados for export from the United States.

(7) Use of assessment funds

The order shall provide that assessment funds shall be used for

payment of costs incurred in implementing and administering the

order, with provision for a reasonable reserve, and to cover the

administrative costs incurred by the Secretary in implementing

and administering this chapter, including any expenses incurred

by the Secretary in conducting referenda under this chapter,

subject to subsection (i) of this section.

(8) Assessment funds for State association

The order shall provide that a State organization of avocado

producers established pursuant to State law shall receive an

amount equal to the product obtained by multiplying the aggregate

amount of assessments attributable to the pounds of Hass avocados

produced in such State by 85 percent. The State organization

shall use such funds and any proceeds from the investment of such

funds for financing domestic promotion, research, consumer

information, and industry information plans and projects, except

that no such funds shall be used for the administrative expenses

of such State organization.

(9) Assessment funds for importers associations

(A) In general

The order shall provide that any importers association shall

receive a credit described in subparagraph (B) if such

association is -

(i) established pursuant to State law that requires

detailed State regulation comparable to that applicable to

the State organization of United States avocado producers, as

determined by the Secretary; or

(ii) certified by the Secretary as meeting the requirements

applicable to the Board as to budgets, plans, projects,

audits, conflicts of interest, and reimbursements for

administrative costs incurred by the Secretary.

(B) Credit

An importers association described in subparagraph (A) shall

receive 85 percent of the assessments paid on Hass avocados

imported by the members of such association.

(C) Use of funds

(i) In general

Importers associations described in subparagraph (A) shall

use the funds described in subparagraph (B) and proceeds from

the investment of such funds for financing promotion,

research, consumer information, and industry information

plans and projects in the United States.

(ii) Administrative expenses

No funds described in subparagraph (C) shall be used for

the administrative expenses of such importers association.

(i) Reimbursement of Secretary expenses

The order shall provide for reimbursing the Secretary -

(1) for expenses not to exceed $25,000 incurred by the

Secretary in connection with any referendum conducted under

section 7805 of this title;

(2) for administrative costs incurred by the Secretary for

supervisory work of up to two employee years annually after an

order or amendment to any order has been issued and made

effective; and

(3) for costs incurred by the Secretary in implementation of

the order issued under section 7803 of this title, for

enforcement of the chapter and the order, for subsequent

referenda conducted under section 7805 of this title, and in

defending the Board in litigation arising out of action taken by

the Board.

(j) Prohibition on brand advertising and certain claims

(1) Prohibitions

Except as provided in paragraph (2), a program or project

conducted under this chapter shall not -

(A) make any reference to private brand names;

(B) make false, misleading, or disparaging claims on behalf

of Hass avocados; or

(C) make false, misleading, or disparaging statements with

respect to the attributes or use of any competing products.

(2) Exceptions

Paragraph (1) does not preclude the Board from offering its

programs and projects for use by commercial parties, under such

terms and conditions as the Board may prescribe as approved by

the Secretary. For the purposes of this subsection, a reference

to State of origin does not constitute a reference to a private

brand name with regard to any funds credited to, or disbursed by

the Board to, a State organization of avocado producers

established pursuant to State law. Furthermore, for the purposes

of this section, a reference to either State of origin or country

of origin does not constitute a reference to a private brand name

with regard to any funds credited to, or disbursed by the Board

to, any importers association established or certified in

accordance with subsection (h)(9)(A) of this section.

(k) Prohibition on use of funds to influence governmental action

(1) In general

Except as otherwise provided in paragraph (2), the order shall

prohibit any funds collected by the Board under the order from

being used in any manner for the purpose of influencing

legislation or government action or policy.

(2) Exception

Paragraph (1) shall not apply to the development or

recommendation of amendments to the order.

(l) Prohibition of conflict of interest

The Board may not engage in, and shall prohibit the employees and

agents of the Board from engaging in, any action that would be a

conflict of interest.

(m) Books and records; reports

(1) In general

The order shall provide that each first handler, producer, and

importer subject to the order shall maintain, and make available

for inspection, such books and records as are required by the

order and file reports at the time, in the manner, and having the

content required by the order, to the end that such information

is made available to the Secretary and the Board as is

appropriate for the administration or enforcement of this

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

(2) Confidentiality requirement

(A) In general

Information obtained from books, records, or reports under

paragraph (1) shall be kept confidential by all officers and

employees of the Department of Agriculture and by the staff and

agents of the Board.

(B) Suits and hearings

Information described in subparagraph (A) may be disclosed to

the public only -

(i) 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, involving the order;

and

(ii) to the extent the Secretary considers the information

relevant to the suit or hearing.

(C) General statements and publications

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 from the reports, if the

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 who violates the order, together with a

statement of the particular provisions of the order violated

by the person.

(3) Lists of importers

(A) Review

The order shall provide that the staff of the Board shall

periodically review lists of importers of Hass avocados to

determine whether persons on the lists are subject to the

order.

(B) Customs service

On the request of the Secretary or the Board, the

Commissioner of the United States Customs Service shall provide

to the Secretary or the Board lists of importers of Hass

avocados.

(n) Consultations with industry experts

(1) In general

The order shall provide that the Board may seek advice from and

consult with experts from the production, import, wholesale, and

retail segments of the Hass avocado industry to assist in the

development of promotion, industry information, consumer

information, and related research plans and projects.

(2) Special committees

(A) In general

For the purposes described in paragraph (1), the order shall

authorize the appointment of special committees composed of

persons other than Board members.

(B) Consultation

A committee appointed under subparagraph (A) shall consult

directly with the Board.

(o) Other terms of the order

The order shall contain such other terms and provisions,

consistent with this chapter, as are necessary to carry out this

chapter (including provision for the assessment of interest and a

charge for each late payment of assessments under subsection (h) of

this section).

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1205), Oct. 28, 2000,

114 Stat. 1549, 1549A-82.)

-REFTEXT-

REFERENCES IN TEXT

The Commodity Promotion, Research, and Information Act of 1996,

referred to in subsec. (c)(7), is subtitle B of title V of Pub. L.

104-127, Apr. 4, 1996, 110 Stat. 1032, which is classified

generally to subchapter II (Sec. 7411 et seq.) of chapter 101 of

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

see Short Title note set out under section 7401 of this title and

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7802, 7805, 7809 of this

title.

-CITE-

7 USC Sec. 7805 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7805. Referenda

-STATUTE-

(a) Requirements for initial referendum

(1) Referendum required

During the 60-day period immediately preceding the proposed

effective date of an order issued under section 7803(b)(3) of

this title, the Secretary shall conduct a referendum among

producers and importers required to pay assessments under the

order, as provided in section 7804(h)(1) of this title.

(2) Approval of order needed

The order shall become effective only if the Secretary

determines that the order has been approved by a simple majority

of all votes cast in the referendum.

(b) Votes permitted

(1) In general

Each producer and importer eligible to vote in a referendum

conducted under this section shall be entitled to cast one vote

if they satisfy the eligibility requirements as defined in

paragraph (2).

(2) Eligibility

For purposes of paragraph (1), producers and importers, as

these terms are defined in section 7802 of this title, shall be

considered to be eligible to vote if they have been producers or

importers with sales of Hass avocados during a period of at least

1 year prior to the referendum.

(c) Manner of conducting referenda

(1) In general

Referenda conducted pursuant to this chapter shall be conducted

in a manner determined by the Secretary.

(2) Advance registration

A producer or importer of Hass avocados who chooses to vote in

any referendum conducted under this chapter shall register with

the Secretary prior to the voting period, after receiving notice

from the Secretary concerning the referendum under paragraph (4).

(3) Voting

A producer or importer of Hass avocados who chooses to vote in

any referendum conducted under this chapter shall vote in

accordance with procedures established by the Secretary. The

ballots and other information or reports that reveal or tend to

reveal the identity or vote of voters shall be strictly

confidential.

(4) Notice

The Secretary shall notify all producers and importers at least

30 days prior to the referendum conducted under this chapter.

The notice shall explain the procedure established under this

subsection.

(d) Subsequent referenda

If an order is approved in a referendum conducted under

subsection (a) of this section, effective beginning on the date

that is 3 years after the date of the approval, the Secretary -

(1) at the discretion of the Secretary, may conduct at any time

a referendum of producers and importers required to pay

assessments under the order, as provided in section 7804(h)(1) of

this title, subject to the voting requirements of subsections (b)

and (c) of this section, to ascertain whether eligible producers

and importers favor suspension, termination, or continuance of

the order; or

(2) shall conduct a referendum of eligible producers and

importers if requested by the Board or by a representative group

comprising 30 percent or more of all producers and importers

required to pay assessments under the order, as provided in

section 7804(h)(1) of this title, subject to the voting

requirements of subsections (b) and (c) of this section, to

ascertain whether producers and importers favor suspension,

termination, or continuance of the order.

(e) Suspension or termination

If, as a result of a referendum conducted under subsection (d) of

this section, the Secretary determines that suspension or

termination of the order is favored by a simple majority of all

votes cast in the referendum, the Secretary shall -

(1) not later than 180 days after the referendum, suspend or

terminate, as appropriate, collection of assessments under the

order; and

(2) suspend or terminate, as appropriate, activities under the

order as soon as practicable and in an orderly manner.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1206), Oct. 28, 2000,

114 Stat. 1549, 1549A-91.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7803, 7804 of this title.

-CITE-

7 USC Sec. 7806 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7806. Petition and review

-STATUTE-

(a) Petition and hearing

(1) Petition

A person subject to an order 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) Hearing

The petitioner shall be given the opportunity for a hearing on

a petition filed under paragraph (1), in accordance with

regulations issued by the Secretary. Any such hearing shall be

conducted in accordance with section 7808(b)(2) of this title and

be held within the United States judicial district in which the

residence or principal place of business of the person is

located.

(3) Ruling

After a hearing under paragraph (2), the Secretary shall make a

ruling on the petition, which shall be final if in accordance

with law.

(4) Limitation

Any petition filed under this subsection challenging an order,

any provision of the order, or any obligation imposed in

connection with the order, shall be filed within 2 years after

the effective date of the order, provision, or obligation subject

to challenge in the petition.

(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 conducts business shall have jurisdiction to

review the ruling of the Secretary on the petition of the person,

if a complaint requesting the review is filed no later than 20

days after the date of the entry of the ruling by the Secretary.

(2) Process

Service of process in proceedings under this subsection shall

be conducted in accordance with the Federal Rules of Civil

Procedure.

(3) Remand

If the court in a proceeding under this subsection determines

that the ruling of the Secretary on the petition of the person is

not in accordance with law, the court shall remand the matter to

the Secretary with directions -

(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 the court,

the law requires.

(c) Enforcement

The pendency of proceedings instituted under this section shall

not impede, hinder, or delay the Attorney General or the Secretary

from obtaining relief under section 7807 of this title.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1207), Oct. 28, 2000,

114 Stat. 1549, 1549A-92.)

-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 7808 of this title.

-CITE-

7 USC Sec. 7807 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7807. Enforcement

-STATUTE-

(a) Jurisdiction

A district court of the United States shall have jurisdiction to

enforce, and to prevent and restrain any person from violating,

this chapter or an order or regulation issued by the Secretary

under this chapter.

(b) Referral to Attorney General

A civil action brought under subsection (a) of 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 an 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) In general

A person who violates a provision of this chapter, or an

order or regulation issued by the Secretary under this chapter,

or who fails or refuses to pay, collect, or remit any

assessment or fee required of the person under an order or

regulation issued under this chapter, may be assessed by the

Secretary -

(i) a civil penalty of not less than $1,000 nor more than

$10,000 for each violation; and

(ii) in the case of a willful failure to remit an

assessment as required by an order or regulation, an

additional penalty equal to the amount of the assessment.

(B) Separate offenses

Each violation shall be a separate offense.

(2) Cease and desist orders

In addition to or in lieu of a civil penalty under paragraph

(1), the Secretary may issue an order requiring a person to cease

and desist from continuing a violation of this chapter, or an

order or regulation issued under this chapter.

(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 the violation. Any such hearing shall be

conducted in accordance with section 7808(b)(2) of this title and

shall be held within the United States judicial district in which

the residence or principal place of business of the person is

located.

(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

(A) In general

Any person against whom a violation is found and a civil

penalty is assessed or a cease and desist order is issued under

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

or order by, within the 30-day period beginning on the date the

penalty is assessed or the order is issued -

(i) filing a notice of appeal in the district court of the

United States for the district in which the person resides or

conducts business, or in the United States District Court for

the District of Columbia; and

(ii) sending a copy of the notice by certified mail to the

Secretary.

(B) Copy of record

The Secretary shall promptly file in the court a certified

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

had committed a violation.

(2) Standard of review

A finding of the Secretary shall be set aside under this

subsection only if the finding is found to be unsupported by

substantial evidence.

(e) Failure to obey an order

(1) In general

A person who fails to obey a cease and desist order issued

under subsection (c) of this section after the order has become

final and unappealable, or after the appropriate United States

district court had entered a final judgment in favor of the

Secretary of not more than $10,000 for each offense, after

opportunity for a hearing and for judicial review under the

procedures specified in subsections (c) and (d) of this section.

(2) Separate violations

Each day during which the person fails to obey an order

described in paragraph (1) shall be considered as a separate

violation of the order.

(f) Failure to pay a penalty

(1) In general

If a person fails to pay a civil penalty assessed under

subsection (c) or (e) of this section after the penalty 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 United States

district court in which the person resides or conducts business.

(2) Scope of review

In an action by the Attorney General under paragraph (1), the

validity and appropriateness of a civil penalty shall not be

subject to review.

(g) Additional remedies

The remedies provided in this chapter shall be in addition to,

and not exclusive of, other remedies that may be available.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1208), Oct. 28, 2000,

114 Stat. 1549, 1549A-93.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7806, 7808 of this title.

-CITE-

7 USC Sec. 7808 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7808. Investigations and power to subpoena

-STATUTE-

(a) Investigations

The Secretary may conduct such investigations as the Secretary

considers necessary for the effective administration of this

chapter, or to determine whether any person has engaged or is

engaging in any act that constitutes a violation of this chapter or

any order or regulation issued under this chapter.

(b) Subpoenas, oaths, and affirmations

(1) Investigations

For the purpose of conducting an investigation under subsection

(a) of this section, the Secretary may administer oaths and

affirmations, subpoena witnesses, compel the attendance of

witnesses, take evidence, and require the production of any

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

records may be required from any place in the United States.

(2) Administrative hearings

For the purpose of an administrative hearing held under section

7806(a)(2) or 7807(c)(3) of this title, the presiding officer may

administer oaths and affirmations, subpoena witnesses, compel the

attendance of witnesses, take evidence, and require the

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

attendance of witnesses and the production of the records may be

required from any place in the United States.

(c) Aid of courts

(1) In general

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

issued under subsection (b) of this section to, any person, the

Secretary may invoke the aid of any court of the United States

within the jurisdiction of which the investigation or proceeding

is conducted, or where the person resides or conducts business,

in order to enforce a subpoena issued under subsection (b) of

this section.

(2) Order

The court may issue an order requiring the person referred to

in paragraph (1) to comply with a subpoena referred to in

paragraph (1).

(3) Failure to obey

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

the court as a contempt of court.

(4) Process

Process in any proceeding under this subsection may be served

in the United States judicial district in which the person being

proceeded against resides or conducts business, or wherever the

person may be found.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1209), Oct. 28, 2000,

114 Stat. 1549, 1549A-95.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7806, 7807 of this title.

-CITE-

7 USC Sec. 7809 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7809. Confidentiality

-STATUTE-

(a) Prohibition

No information regarding names of voters or how a person voted in

a referendum conducted under this chapter shall be made public.

(b) Penalty

Any person who knowingly violates subsection (a) of this section

or the confidentiality terms of an order, as described in section

7804(m)(2) of this title, shall be subject to a fine of not less

that $1,000 nor more than $10,000 or to imprisonment for not more

than 1 year, or both. If the person is an officer or employee of

the Department of Agriculture or the Board, the person shall be

removed from office.

(c) Additional prohibition

No information obtained under this chapter may be made available

to any agency or officer of the Federal Government for any purpose

other than the implementation of this chapter or an investigatory

or enforcement action necessary for the implementation of this

chapter.

(d) Withholding information from Congress prohibited

Nothing in this chapter shall be construed to authorize the

withholding of information from Congress.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1210), Oct. 28, 2000,

114 Stat. 1549, 1549A-96.)

-CITE-

7 USC Sec. 7810 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7810. Authority for Secretary to suspend or terminate order

-STATUTE-

(a) Grounds for suspension or termination

If the Secretary finds that an order, or any provision of the

order, obstructs or does not tend to effectuate the policy of this

chapter specified in section 7801(b) of this title, the Secretary

shall terminate or suspend the operation of the order or provision

under such terms as the Secretary determines are appropriate.

(b) Effect of lack of approval of order

If, as a result of a referendum, the Secretary determines that

the order is not approved, the Secretary shall, within 180 days

after making the determination, suspend, or terminate, as

appropriate, collection of assessments under the order, and suspend

or terminate, as appropriate, activities under the order in an

orderly manner as soon as possible.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1211), Oct. 28, 2000,

114 Stat. 1549, 1549A-96.)

-CITE-

7 USC Sec. 7811 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7811. Rules of construction

-STATUTE-

(a) Termination or suspension not an order

The termination or suspension of an order, or a provision of an

order, shall not be considered an order under the meaning of this

chapter.

(b) Rights

This chapter -

(1) may not be construed to provide for control of production

or otherwise limit the right of individual Hass avocado growers,

handlers and importers to produce, handle, or import Hass

avocados; and

(2) shall be construed to treat all persons producing,

handling, and importing Hass avocados fairly and to implement any

order in an equitable manner.

(c) Other programs

Nothing in this chapter may be construed to preempt or supersede

any other program relating to Hass avocado promotion, research,

industry information, and consumer information organized and

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

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1212), Oct. 28, 2000,

114 Stat. 1549, 1549A-96.)

-CITE-

7 USC Sec. 7812 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7812. Regulations

-STATUTE-

The Secretary may issue such regulations as are necessary to

carry out this chapter and the powers vested in the Secretary by

this chapter, including regulations relating to the assessment of

late payment charges and interest.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1213), Oct. 28, 2000,

114 Stat. 1549, 1549A-97.)

-CITE-

7 USC Sec. 7813 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 105 - HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

-HEAD-

Sec. 7813. 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

Funds appropriated under subsection (a) of this section may not

be used for the payment of the expenses or expenditures of the

Board in administering a provision of an order.

-SOURCE-

(Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1214), Oct. 28, 2000,

114 Stat. 1549, 1549A-97.)

-CITE-