-CITE-

7 USC CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND

CONSUMER INFORMATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

.

-HEAD-

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-MISC1-

Sec.

4601. Findings and purposes.

(a) Findings.

(b) Purposes.

(c) Administration.

4602. Definitions.

4603. Honey research, promotion, and consumer information order.

4604. Notice and hearing.

(a) Notice and comment.

(b) Formal agency action.

(c) Proposal of an order.

4605. Findings and issuance of order.

4606. Required terms of order.

(a) Terms and conditions of order.

(b) National Honey Nominations Committee;

composition; nominations; terms; Chairman;

compensation; meetings; voting.

(c) Honey Board; membership; terms; alternates;

compensation; powers; duties.

(d) Budget; administration of order.

(e) Assessment; collection; rates; exemption; effect

of exemption on referendum voting status.

(f) Funds.

(g) False or unwarranted claims or statements.

(h) Influencing governmental policy or action.

(i) Plans or projects; contracts.

(j) Books and records; reports.

(k) Honey Board; property interests.

4607. Permissive terms and provisions.

(a) In general.

(b) Inspection and monitoring system.

(c) Voluntary quality assurance program.

(d) Authority of Secretary.

4608. Collection of assessments; refunds.

(a) Handlers.

(b) Records.

(c) Importers.

(d) Loan and loan deficiency payments; deduction from

disbursement of loan funds or loan deficiency

payment made to producer.

(e) Producer-packers.

(f) Inspection; books and records.

(g) Confidentiality of information; disclosure.

(h) Administration and remittance.

(i) Liability for assessments.

4609. Petition and review.

(a) Filing of petition; hearing.

(b) District court; jurisdiction; review; rulings.

4610. Enforcement.

(a) District courts; jurisdiction; Attorney General.

(b) Civil penalties; notice and hearing; review;

courts of appeals; cease and desist orders;

failure to obey; Attorney General.

4610a. Investigations and power to subpoena.

(a) In general.

(b) Power to subpoena.

(c) Aid of courts.

(d) Contempt.

(e) Process.

(f) Hearing site.

4611. Requirements of referendum.

(a) In general.

(b) Effectiveness of order.

(c) Producer-packers and importers.

(d) Confidentiality.

4612. Termination or suspension.

(a) ''Person'' defined.

(b) Authority of Secretary.

(c) Periodic referenda.

(d) Referenda on request.

(e) Timing and requirements for termination or

suspension.

4613. Implementation of amendments made by Agricultural Research,

Extension, and Education Reform Act of 1998.

(a) Issuance of amended order.

(b) Proposal of amended order.

(c) Issuance of amended order.

(d) Referendum on amended order.

(e) Continuation of existing order if amended order

is rejected.

(f) Effect of rejection on subsequent orders.

(g) Effect on periodic referenda.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

-CITE-

7 USC Sec. 4601 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4601. Findings and purposes

-STATUTE-

(a) Findings

Congress makes the following findings:

(1) Honey is produced by many individual producers in every

State in the United States.

(2) Honey and honey products move in large part in the channels

of interstate and foreign commerce, and honey which does not move

in such channels directly burdens or affects interstate commerce.

(3) In recent years, large quantities of low-cost, imported

honey have been brought into the United States, replacing

domestic honey in the normal trade channels.

(4) The maintenance and expansion of existing honey markets and

the development of new or improved markets or uses are vital to

the welfare of honey producers and those concerned with

marketing, using, and processing honey, along with those engaged

in general agricultural endeavors requiring bees for pollinating

purposes.

(5) The honey production industry within the United States is

comprised mainly of small- and medium-sized businesses.

(6) The development and implementation of coordinated programs

of research, promotion, consumer education, and industry

information necessary for the maintenance of markets and the

development of new markets have been inadequate.

(7) Without cooperative action in providing for and financing

such programs, honey producers, honey handlers, wholesalers, and

retailers are unable to implement programs of research,

promotion, consumer education, and industry information necessary

to maintain and improve markets for these products.

(8) The ability to develop and maintain purity standards for

honey and honey products is critical to maintaining the consumer

confidence, safety, and trust that are essential components of

any undertaking to maintain and develop markets for honey and

honey products.

(9) Research directed at improving the cost effectiveness and

efficiency of beekeeping, as well as developing better means of

dealing with pest and disease problems, is essential to keeping

honey and honey product prices competitive and facilitating

market growth as well as maintaining the financial well-being of

the honey industry.

(10) Research involving the quality, safety, and image of honey

and honey products and how that quality, safety, and image may be

affected during the extraction, processing, packaging, marketing,

and other stages of the honey and honey product production and

distribution process, is highly important to building and

maintaining markets for honey and honey products.

(b) Purposes

The purposes of this chapter are -

(1) to authorize the establishment of an orderly procedure for

the development and financing, through an adequate assessment, of

an effective, continuous, and nationally coordinated program of

promotion, research, consumer education, and industry information

designed to -

(A) strengthen the position of the honey industry in the

marketplace;

(B) maintain, develop, and expand domestic and foreign

markets and uses for honey and honey products;

(C) maintain and improve the competitiveness and efficiency

of the honey industry; and

(D) sponsor research to develop better means of dealing with

pest and disease problems;

(2) to maintain and expand the markets for all honey and honey

products in a manner that -

(A) is not designed to maintain or expand any individual

producer's, importer's, or handler's share of the market; and

(B) does not compete with or replace individual advertising

or promotion efforts designed to promote individual brand name

or trade name honey or honey products; and

(3) to authorize and fund programs that result in government

speech promoting government objectives.

(c) Administration

Nothing in this chapter -

(1) prohibits the sale of various grades of honey;

(2) provides for control of honey production;

(3) limits the right of the individual honey producer to

produce honey; or

(4) creates a trade barrier to honey or honey products produced

in a foreign country.

-SOURCE-

(Pub. L. 98-590, Sec. 2, Oct. 30, 1984, 98 Stat. 3115; Pub. L.

105-185, title VI, Sec. 605(a), June 23, 1998, 112 Stat. 587.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-185, Sec. 605(a)(1), added section catchline

and struck out former section catchline, designated introductory

provisions and pars. (1) to (7) as subsec. (a), inserted heading,

and substituted ''Congress makes the following findings'' for ''The

Congress finds that'' in introductory provisions.

Subsec. (a)(6), (7). Pub. L. 105-185, Sec. 605(a)(2)(A),

substituted ''consumer education, and industry information'' for

''and consumer education''.

Subsec. (a)(8) to (10). Pub. L. 105-185, Sec. 605(a)(2)(B), added

pars. (8) to (10).

Subsecs. (b), (c). Pub. L. 105-185, Sec. 605(a)(3), added

subsecs. (b) and (c) and struck out former subsec. (b) which read

as follows:

''(b)(1) It is, therefore, the purpose of this chapter to

authorize the establishment of an orderly procedure for the

development and financing, through an adequate assessment, of an

effective and coordinated program of research, promotion, and

consumer education designed to strengthen the position of the honey

industry in the marketplace and maintain, develop, and expand

markets for honey and honey products.

''(2) Nothing in this chapter may be construed to dictate quality

standards for honey, provide for control of its production, or

otherwise limit the right of the individual honey producer to

produce honey. This chapter treats foreign producers equitably,

and nothing in this chapter may be construed as a trade barrier to

honey produced in foreign countries.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-624, title XIX, Sec. 1981, Nov. 28, 1990, 104 Stat.

3904, provided that: ''This chapter (chapter 1 (Sec. 1981-1987) of

subtitle F of title XIX of Pub. L. 101-624, enacting section 4610a

of this title, amending sections 4602, 4606, 4608, and 4612 of this

title, and enacting provisions set out as a note under section 4603

of this title) may be cited as the 'Honey Research, Promotion, and

Consumer Information Act Amendments of 1990'.''

SHORT TITLE

Section 1 of Pub. L. 98-590 provided that: ''This Act (enacting

this chapter) may be cited as the 'Honey Research, Promotion, and

Consumer Information Act'.''

-CITE-

7 USC Sec. 4602 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4602. Definitions

-STATUTE-

As used in this chapter:

(1) The term ''Committee'' means the National Honey Nominations

Committee provided for under section 4606(b) of this title.

(2) The term ''consumer education'' means any action to provide

information on the usage and care of honey or honey products.

(3) Department. - The term ''Department'' means the Department

of Agriculture.

(4) The term ''exporter'' means any person who exports honey or

honey products from the United States.

(5) Handle. -

(A) In general. - The term ''handle'' means to process,

package, sell, transport, purchase, or in any other way place

or cause to be placed in commerce, honey or a honey product.

(B) Inclusion. - The term ''handle'' includes selling

unprocessed honey that will be consumed or used without further

processing or packaging.

(C) Exclusions. - The term ''handle'' does not include -

(i) the transportation of unprocessed honey by a producer

to a handler;

(ii) the transportation by a commercial carrier of honey,

whether processed or unprocessed, for a handler or producer;

or

(iii) the purchase of honey or a honey product by a

consumer or other end-user of the honey or honey product.

(6) The term ''handler'' means any person who handles honey.

(7) The term ''honey'' means the nectar and saccharine

exudations of plants which are gathered, modified, and stored in

the comb by honey bees.

(8) The term ''Honey Board'' means the board provided for under

section 4606(c) of this title.

(9) Honey production. - The term ''honey production'' means all

beekeeping operations related to -

(A) managing honey bee colonies to produce honey;

(B) harvesting honey from the colonies;

(C) extracting honey from the honeycombs; and

(D) preparing honey for sale for further processing.

(10) The term ''honey products'' means products produced, in

whole or part, from honey.

(11) The term ''importer'' means any person who imports honey

or honey products into the United States or acts as an agent,

broker, or consignee for any person or nation that produces honey

outside of the United States for sale in the United States and

who is listed in the import records as the importer of record for

such honey or honey products.

(12) Industry information. - The term ''industry information''

means information or a program that will lead to the development

of new markets, new marketing strategies, or increased efficiency

for the honey industry, or an activity to enhance the image of

honey and honey products and of the honey industry.

(13) The term ''marketing'' means the sale or other disposition

in commerce of honey or honey products.

(14) National honey marketing cooperative. - The term

''national honey marketing cooperative'' means a cooperative that

markets its products in at least 2 of the following 4 regions of

the United States, as determined by the Secretary:

(A) The Atlantic Coast, including the District of Columbia

and the Commonwealth of Puerto Rico.

(B) The Mideast.

(C) The Midwest.

(D) The Pacific, including the States of Alaska and Hawaii.

(15) The term ''person'' means any individual, group of

individuals, partnership, corporation, association, cooperative,

or any other entity.

(16) The term ''producer'' means any person who produces honey

in the United States for sale in commerce.

(17) The term ''producer-packer'' means any person who is both

a producer and handler of honey.

(18) The term ''promotion'' means any action, including paid

advertising, pursuant to this chapter, to present a favorable

image for honey or honey products to the public with the express

intent of improving the competitive position and stimulating

sales of honey or honey products.

(19) Qualified national organization representing handler

interests. - The term ''qualified national organization

representing handler interests'' means an organization that the

Secretary certifies as being eligible to recommend nominations

for the Committee handler, handler-importer, alternate handler,

and alternate handler-importer members of the Honey Board under

section 4606(b) of this title.

(20) Qualified national organization representing importer

interests. - The term ''qualified national organization

representing importer interests'' means an organization that the

Secretary certifies as being eligible to recommend nominations

for the Committee importer, handler-importer, alternate importer,

and alternate handler-importer members of the Honey Board under

section 4606(b) of this title.

(21) The term ''research'' means any type of research designed

to advance the image, desirability, usage, marketability,

production, or quality of honey or honey products.

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

(23) The term ''State'' means any of the several States, the

District of Columbia and the Commonwealth of Puerto Rico.

(24) The term ''State association'' means that organization of

beekeepers in a State which is generally recognized as

representing the beekeepers of that State.

-SOURCE-

(Pub. L. 98-590, Sec. 3, Oct. 30, 1984, 98 Stat. 3116; Pub. L.

101-624, title XIX, Sec. 1982, Nov. 28, 1990, 104 Stat. 3904; Pub.

L. 105-185, title VI, Sec. 605(b), June 23, 1998, 112 Stat. 588.)

-MISC1-

AMENDMENTS

1998 - Pars. (1) to (5). Pub. L. 105-185, Sec. 605(b)(3),

redesignated pars. (14), (12), (19), (18), and (7) as (1) to (5),

respectively. Former pars. (1) to (5) redesignated (7), (10),

(22), (15), and (16), respectively.

Par. (7). Pub. L. 105-185, Sec. 605(b)(3), redesignated par. (1)

as (7). Former par. (7) redesignated (5).

Pub. L. 105-185, Sec. 605(b)(1), added par. (7) and struck out

former par. (7) which read as follows: ''The term 'handle' means to

sell, package, or process honey.''

Pars. (8) to (12). Pub. L. 105-185, Sec. 605(b)(3), redesignated

pars. (15), (20), (2), (8), and (21) as (8) to (12), respectively.

Former pars. (8) to (12) redesignated (11), (17), (18), (21), and

(2), respectively.

Pars. (14) to (18). Pub. L. 105-185, Sec. 605(b)(3), redesignated

pars. (22), (4), (5), (9), and (10) as (14) to (18), respectively.

Former pars. (14) to (18) redesignated (1), (8), (24), (23), and

(4), respectively.

Pars. (19) to (24). Pub. L. 105-185, Sec. 605(b)(3), redesignated

pars. (23), (24), (11), (3), (17), and (16) as (19) to (24),

respectively. Former pars. (19) to (24) redesignated (3), (9),

(12), (14), (19), and (20), respectively.

Pub. L. 105-185, Sec. 605(b)(2), added pars. (19) to (24).

1990 - Par. (8). Pub. L. 101-624, Sec. 1982(1), substituted ''or

acts'' for ''or who acts'', and inserted before period at end ''and

who is listed in the import records as the importer of record for

such honey or honey products''.

Par. (18). Pub. L. 101-624, Sec. 1982(2), added par. (18).

-CITE-

7 USC Sec. 4603 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4603. Honey research, promotion, and consumer information

order

-STATUTE-

To effectuate the declared policy of this chapter, the Secretary

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

time to time, amend orders and regulations applicable to persons

engaged in the production, sale, or handling of honey and honey

products in the United States and the importation of honey and

honey products into the United States.

-SOURCE-

(Pub. L. 98-590, Sec. 4, Oct. 30, 1984, 98 Stat. 3116; Pub. L.

105-185, title VI, Sec. 605(c), June 23, 1998, 112 Stat. 589.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-185 inserted ''and regulations'' after

''orders''.

CONFORMING AMENDMENT TO ORDER

Pub. L. 101-624, title XIX, Sec. 1987, Nov. 28, 1990, 104 Stat.

3908, provided that: ''Notwithstanding any provision of the Honey

Research, Promotion, and Consumer Information Act (7 U.S.C. 4601 et

seq.), the Secretary of Agriculture, after notice and opportunity

for public comment, shall issue an amendment to the order in effect

under such Act on the date of the enactment of this Act (Nov. 28,

1990) to conform such order to the amendments made by this subtitle

(subtitle F (Sec. 1981-1989) of title XIX of Pub. L. 101-624,

enacting section 4610a of this title and amending sections 1787,

4602, 4606, 4608, and 4612 of this title), which shall become

effective on the date of the publication of such amendment to the

order in the Federal Register without a referendum thereon (except

for the referendum specifically provided for under section 1985

(amending section 4612 of this title)). The Secretary shall issue

such amendment to the order in final form not later than 150 days

after the date of the enactment of this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4613 of this title.

-CITE-

7 USC Sec. 4604 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4604. Notice and hearing

-STATUTE-

(a) Notice and comment

In issuing an order under this chapter, an amendment to an order,

or a regulation to carry out this chapter, the Secretary shall

comply with section 553 of title 5.

(b) Formal agency action

Sections 556 and 557 of that title shall not apply with respect

to the issuance of an order, an amendment to an order, or a

regulation under this chapter.

(c) Proposal of an order

A proposal for an order may be submitted to the Secretary by any

organization or interested person affected by this chapter.

-SOURCE-

(Pub. L. 98-590, Sec. 5, Oct. 30, 1984, 98 Stat. 3117; Pub. L.

105-185, title VI, Sec. 605(d), June 23, 1998, 112 Stat. 589.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-185 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: ''Whenever the Secretary has reason to believe that the

issuance of an order will assist in carrying out the purpose of

this chapter, the Secretary shall provide due notice of and

opportunity for a hearing upon a proposed order. Such hearing may

be requested and a proposal for an order submitted by any

organization or interested person affected by the provisions of

this chapter.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4605, 4611, 4613 of this

title.

-CITE-

7 USC Sec. 4605 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4605. Findings and issuance of order

-STATUTE-

After notice and opportunity for comment has been provided in

accordance with section 4604(a) of this title, the Secretary shall

issue an order, an amendment to an order, or a regulation under

this chapter, if the Secretary finds, and specifies in the order,

amendment, or regulation, that the issuance of the order,

amendment, or regulation will assist in carrying out the purposes

of this chapter.

-SOURCE-

(Pub. L. 98-590, Sec. 6, Oct. 30, 1984, 98 Stat. 3117; Pub. L.

105-185, title VI, Sec. 605(e), June 23, 1998, 112 Stat. 589.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-185 amended section catchline and text

generally. Prior to amendment, text read as follows: ''After

notice of and opportunity for a hearing has been provided in

accordance with section 4604 of this title, the Secretary shall

issue an order if the Secretary finds, and sets forth in such

order, that, upon the evidence introduced at such hearing, the

issuance of such order and all the terms and conditions thereof

will assist in carrying out the purpose of this chapter.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4611, 4613 of this title.

-CITE-

7 USC Sec. 4606 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4606. Required terms of order

-STATUTE-

(a) Terms and conditions of order

Any order issued by the Secretary under this chapter shall

contain the terms and conditions described in this section and,

except as provided in section 4607 of this title, no others.

(b) National Honey Nominations Committee; composition; nominations;

terms; Chairman; compensation; meetings; voting

(1) Such order shall provide for the establishment and

appointment by the Secretary of a National Honey Nominations

Committee which shall consist of not more than one member from each

State, from nominations submitted by each State association. If a

State association does not submit a nomination, the Secretary may

provide for nominations from that State to be made in a different

manner, except that if a State which is not one of the top twenty

honey-producing States in the United States (as determined by the

Secretary) does not submit a nomination, such State shall not be

represented on the Committee.

(2) Members of the Committee shall serve for three-year terms

with no member serving more than two consecutive three-year terms,

except that the term of appointments to the Committee may be

staggered periodically, as determined by the Secretary.

(3) The Committee shall select its Chairman by a majority vote.

(4) The members of the Committee shall serve without compensation

but shall be reimbursed for their reasonable expenses incurred in

performing their duties as members of the Committee.

(5) The Committee shall nominate the members and alternates of

the Honey Board and submit such nominations to the Secretary. In

making such nominations, the Committee shall meet annually, except

that, when determined by the Chairman, the Committee may conduct

its business by mail ballot in lieu of an annual meeting. In order

to nominate members to the Honey Board, at least 50 percent of the

members from the twenty leading honey producing States must vote.

A majority of the National Honey Nominations Committee shall

constitute a quorum for voting at an annual meeting. In the case

of a mail ballot, votes must be received from a majority of the

Committee.

(c) Honey Board; membership; terms; alternates; compensation;

powers; duties

(1) The order described in subsection (a) of this section shall

provide for the establishment and appointment by the Secretary of a

Honey Board in accordance with this subsection.

(2) The membership of the Honey Board shall consist of -

(A) 7 members who are honey producers appointed from

nominations submitted by the National Honey Nominations

Committee, one from each of seven regions of the United States

which shall be established by the Secretary on the basis of the

production of honey in the different areas of the country;

(B) 2 members who are handlers appointed from nominations

submitted by the Committee from recommendations made by qualified

national organizations representing handler interests;

(C) if approved in a referendum conducted under this chapter, 2

members who -

(i) are handlers of honey;

(ii) during any 3 of the preceding 5 years, were also

importers of record of at least 40,000 pounds of honey; and

(iii) are appointed from nominations submitted by the

Committee from recommendations made by -

(I) qualified national organizations representing handler

interests or qualified national organizations representing

importer interests; or

(II) if the Secretary determines that there is not a

qualified national organization representing handler

interests or a qualified national organization representing

importer interests, individual handlers or importers that

have paid assessments to the Honey Board on imported honey or

honey products;

(D) 2 members who are importers appointed from nominations

submitted by the Committee from recommendations made by -

(i) qualified national organizations representing importer

interests; or

(ii) if the Secretary determines that there is not a

qualified national organization representing importer

interests, individual importers that have paid assessments to

the Honey Board on imported honey or honey products; and

(E) 1 member who is an officer, director, or employee of a

national honey marketing cooperative appointed from nominations

submitted by the Committee from recommendations made by qualified

national honey marketing cooperatives.

(3) Alternates. - The Committee shall submit nominations for an

alternate for each member of the Honey Board described in paragraph

(2). An alternate shall be appointed in the same manner as a member

and shall serve when the member is absent from a meeting or is

disqualified.

(4) Reconstitution. -

(A) Review. - If approved in a referendum conducted under this

chapter and in accordance with rules issued by the Secretary, the

Honey Board shall review, at times determined under subparagraph

(E) -

(i) the geographic distribution of the quantities of

domestically produced honey assessed under the order; and

(ii) changes in the annual average percentage of assessments

owed by importers under the order relative to assessments owed

by producers and handlers of domestic honey, including -

(I) whether any changes in assessments owed on imported

quantities are owed by importers described in paragraph

(5)(B); or

(II) whether such importers are handler-importers described

in paragraph (2)(C).

(B) Recommendations. - If warranted and in accordance with this

subsection, the Honey Board shall recommend to the Secretary -

(i) changes in the regional representation of honey producers

established by the Secretary;

(ii) if necessary to reflect any changes in the proportion of

domestic and imported honey assessed under the order or the

source of assessments on imported honey or honey products, the

reallocation of -

(I) handler-importer member positions under paragraph

(2)(C) as handler member positions under paragraph (2)(B);

(II) importer member positions under paragraph (2)(D) as

handler-importer member positions under paragraph (2)(C); or

(III) handler-importer member positions under paragraph

(2)(C) as importer member positions under paragraph (2)(D);

or

(iii) if necessary to reflect any changes in the proportion

of domestic and imported honey or honey products assessed under

the order, the addition of members to the Honey Board under

subparagraph (A), (B), (C), or (D) of paragraph (2).

(C) Scope of review. - The review required under subparagraph

(A) shall be based on data from the 5-year period preceding the

year in which the review is conducted.

(D) Basis for recommendations. -

(i) In general. - Except as provided in subparagraph (F),

recommendations made under subparagraph (B) shall be based on -

(I) the 5-year average annual assessments, excluding the 2

years containing the highest and lowest disparity between the

proportion of assessments owed from imported and domestic

honey or honey products, determined pursuant to the review

that is conducted under subparagraph (A); and

(II) whether any change in the average annual assessments

is from the assessments owed by importers described in

paragraph (5)(B) or from the assessments owed by

handler-importers described in paragraph (2)(C).

(ii) Proportions. - The Honey Board shall recommend a

reallocation or addition of members pursuant to clause (ii) or

(iii) of subparagraph (B) only if 1 or more of the following

proportions change by more than 6 percent from the base period

proportion determined in accordance with subparagraph (F):

(I) The proportion of assessments owed by handler-importers

described in paragraph (2)(C) compared with the proportion of

assessments owed by importers described in paragraph (2)(D).

(II) The proportion of assessments owed by importers

compared with the proportion of assessments owed on domestic

honey by producers and handlers.

(E) Timing of review. -

(i) In general. - The Honey Board shall conduct the reviews

required under this paragraph not more than once during each

5-year period.

(ii) Initial review. - The Honey Board shall conduct the

initial review required under this paragraph prior to the

initial continuation referendum conducted under section 4612(c)

of this title following the referendum conducted under section

4613 of this title.

(F) Base period proportions. -

(i) In general. - The base period proportions for determining

the magnitude of change under subparagraph (D) shall be the

proportions determined during the prior review conducted under

this paragraph.

(ii) Initial review. - In the case of the initial review

required under subparagraph (E)(ii), the base period

proportions shall be the proportions determined by the Honey

Board for fiscal year 1996.

(5) Restrictions on nomination and appointment. -

(A) Producer-packers as producers. - No producer-packer that,

during any 3 of the preceding 5 years, purchased for resale more

honey than the producer-packer produced shall be eligible for

nomination or appointment to the Honey Board as a producer

described in paragraph (2)(A) or as an alternate to such a

producer.

(B) Importers. - No importer that, during any 3 of the

preceding 5 years, did not receive at least 75 percent of the

gross income generated by the sale of honey and honey products

from the sale of imported honey and honey products shall be

eligible for nomination or appointment to the Honey Board as an

importer described in paragraph (2)(D) or an alternate to such an

importer.

(6) Certification of organizations. -

(A) In general. - The eligibility of an organization to

participate in the making of recommendations to the Committee for

nomination to the Honey Board to represent handlers or importers

under this section shall be certified by the Secretary.

(B) Eligibility criteria. - Subject to the other provisions of

this paragraph, the Secretary shall certify an organization that

the Secretary determines meets the eligibility criteria

established by the Secretary under this paragraph.

(C) Finality. - An eligibility determination of the Secretary

under this paragraph shall be final.

(D) Basis for certification. - Certification of an organization

under this paragraph shall be based on, in addition to other

available information, a factual report submitted by the

organization that contains information considered relevant by the

Secretary, including -

(i) the geographic territory covered by the active membership

of the organization;

(ii) the nature and size of the active membership of the

organization, including the proportion of the total number of

active handlers or importers represented by the organization;

(iii) evidence of the stability and permanency of the

organization;

(iv) sources from which the operating funds of the

organization are derived;

(v) the functions of the organization; and

(vi) the ability and willingness of the organization to

further the purposes of this chapter.

(E) Primary considerations. - A primary consideration in

determining the eligibility of an organization under this

paragraph shall be whether -

(i) the membership of the organization consists primarily of

handlers or importers that derive a substantial quantity of

their income from sales of honey and honey products; and

(ii) the organization has an interest in the marketing of

honey and honey products.

(F) Nonmembers. - As a condition of certification under this

paragraph, an organization shall agree -

(i) to notify nonmembers of the organization of Honey Board

nomination opportunities for which the organization is

certified to make recommendations to the Committee; and

(ii) to consider the nomination of nonmembers when making the

nominations of the organization to the Committee, if nonmembers

indicate an interest in serving on the Honey Board.

(7) Minimum percentage of honey producers. - Notwithstanding any

other provision of this subsection, at least 50 percent of the

members of the Honey Board shall be honey producers.

(8) Members of the Honey Board shall serve for three-year terms

with no member serving more than two consecutive three-year terms

except that appointments to the Honey Board may be staggered

periodically, as determined by the Secretary, to maintain

continuity of the Honey Board with respect to all members and with

respect to members representing particular groups.. (FOOTNOTE 1)

(FOOTNOTE 1) So in original.

(9) In the event any member of the Honey Board ceases to be a

member of the category of members from which the member was

appointed to the Honey Board, such person shall be automatically

replaced by an alternate, except that if, as a result of the

adjustment of the boundaries of the regions established under

paragraph (2)(A), a producer member or alternate is no longer from

the region from which such person was appointed, such member or

alternate may serve out the term for which such person was

appointed.

(10) The members of the Honey Board shall serve without

compensation but shall be reimbursed for their reasonable expenses

incurred in performing their duties as members of the Honey Board.

(11) The powers and duties of the Honey Board shall be to -

(A) administer any order, issued by the Secretary under this

chapter, in accordance with its terms and provisions and

consistent with the provisions of this chapter;

(B) prescribe rules and regulations to effectuate the terms and

provisions of such an order;

(C) receive, investigate, and report to the Secretary, accounts

of violations of such an order;

(D) make recommendations to the Secretary with respect to

amendments which should be made to such order; and

(E) employ a manager and staff.

(d) Budget; administration of order

The Honey Board shall prepare and submit to the Secretary, for

the Secretary's approval, a budget (on a fiscal period basis) of

its anticipated expenses and disbursements in the administration of

the order, including probable costs of research, promotion, and

consumer information.

(e) Assessment; collection; rates; exemption; effect of exemption

on referendum voting status

(1) In general. - The Honey Board shall administer collection of

the assessment provided for in this subsection, and may accept

voluntary contributions from other sources, to finance the expenses

described in subsections (d) and (f) of this section.

(2) Rate. - Except as provided in paragraph (3), the assessment

rate shall be $0.01 per pound (payable in the manner described in

section 4608 of this title), with -

(A) in the case of honey produced in the United States, $0.01

per pound payable by honey producers; and

(B) in the case of honey or honey products imported into the

United States, $0.01 per pound payable by honey importers.

(3) Alternative rate approved in referendum. - If approved in a

referendum conducted under this chapter, the assessment rate shall

be $0.015 per pound (payable in the manner described in section

4608 of this title) -

(A) in the case of honey produced in the United States -

(i) $0.0075 per pound payable by -

(I) honey producers; and

(II) producer-packers on all honey produced by the

producer-packers; and

(ii) $0.0075 per pound payable by -

(I) handlers; and

(II) producer-packers on all honey and honey products

handled by the producer-packers, including honey produced by

the producer-packers); and

(B) in the case of honey and honey products imported into the

United States, $0.015 per pound payable by honey importers, of

which $0.0075 per pound represents the assessment due from the

handler to be paid by the importer on behalf of the handler.

(4)(A) Honey that is consumed at home by the producer or importer

or donated by the producer or importer to a nonprofit, government,

or other entity, as determined appropriate by the Secretary, rather

than sold shall be exempt from assessment under the order, except

that donated honey that later is sold in a commercial outlet by a

donee or a donee's assignee shall be subject to assessment on such

sale.

(B) Small quantities. -

(i) In general. - A producer, producer-packer, handler, or

importer that produces, imports, or handles during a year less

than 6,000 pounds of honey or honey products shall be exempt in

that year from payment of an assessment on honey or honey

products that the person distributes directly through local

retail outlets, as determined by the Secretary, during that year.

(ii) Inapplicability. - If a person no longer meets the

requirements of clause (i) for an exemption, the person shall -

(I) file a report with the Honey Board in the form and manner

prescribed by the Honey Board; and

(II) pay an assessment on or before March 15 of the

subsequent year on all honey or honey products produced,

imported, or handled by the person during the year in which the

person no longer meets the requirements of clause (i) for an

exemption.

(5) If a producer, producer-packer handler,, (FOOTNOTE 2) or

importer does not pay any assessments under this chapter due to the

applicability to such person of the exemptions from assessments

provided in paragraph (4), then such producer, producer-packer

handler,, (FOOTNOTE 2) or importer shall not be considered a

producer, handler, or importer for purposes of voting in any

referendum conducted under this chapter during the period the

person's exemption from all assessments is in effect.

(FOOTNOTE 2) So in original.

(f) Funds

(1) Use

Funds collected by the Honey Board shall be used by the Honey

Board for financing research, promotion, and consumer

information, other expenses as described in subsection (d) of

this section, such other expenses for the administration,

maintenance, and functioning of the Honey Board as may be

authorized by the Secretary, any reserve established under

section 4607(5) of this title, and those administrative costs

incurred by the Department of Agriculture pursuant to this

chapter after an order has been promulgated under this chapter.

(2) Research projects

(A) In general

If approved in a referendum conducted under this chapter, the

Honey Board shall reserve at least 8 percent of all assessments

collected during a year for expenditure on approved research

projects designed to advance the cost effectiveness,

competitiveness, efficiency, pest and disease control, and

other management aspects of beekeeping, honey production, and

honey bees.

(B) Carryover

If all funds reserved under subparagraph (A) are not

allocated to approved research projects in a year, any reserved

funds remaining unallocated shall be carried forward for

allocation and expenditure under subparagraph (A) in subsequent

years.

(3) Reimbursement

The Secretary shall be reimbursed from assessments collected by

the Honey Board for any expenses incurred for the conduct of

referenda.

(g) False or unwarranted claims or statements

No promotion funded by the Honey Board under this chapter may

make any false or unwarranted claims on behalf of honey or its

products or false or unwarranted statements with respect to the

attributes or use of any competing product.

(h) Influencing governmental policy or action

No funds collected by the Honey Board under this chapter may, in

any manner, be used for the purpose of influencing governmental

policy or action, except for making recommendations to the

Secretary as provided for in this chapter.

(i) Plans or projects; contracts

The Honey Board shall develop and submit to the Secretary, for

approval, plans for research, promotion, and consumer information.

Any such plans or projects must be approved by the Secretary before

becoming effective. The Honey Board may enter into contracts or

agreements with the approval of the Secretary for the development

and carrying out of research, promotion, and consumer information,

and for the payment of the cost thereof with funds collected

pursuant to this chapter.

(j) Books and records; reports

The Honey Board shall maintain books and records and prepare and

submit to the Secretary such reports from time to time as may be

required for appropriate accounting with respect to the receipt and

disbursement of funds entrusted to it and cause a complete audit

report to be submitted to the Secretary at the end of each fiscal

year.

(k) Honey Board; property interests

Any patent on any product, copyright on any material, or any

invention, product formulation or publication developed through the

use of funds collected by the Honey Board shall be the property of

the Honey Board. The funds generated from any such patent,

copyright, invention, product formulation, or publication shall

inure to the benefit of the Honey Board.

-SOURCE-

(Pub. L. 98-590, Sec. 7, Oct. 30, 1984, 98 Stat. 3117; Pub. L.

101-624, title XIX, Sec. 1983, 1984(a), Nov. 28, 1990, 104 Stat.

3905; Pub. L. 105-185, title VI, Sec. 605(f), June 23, 1998, 112

Stat. 590; Pub. L. 105-277, div. A, Sec. 101(a) (title VII, Sec.

753(b)), Oct. 21, 1998, 112 Stat. 2681, 2681-33.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-185, Sec. 605(f)(1)(A),

substituted ''except that the term of appointments to the Committee

may be staggered periodically, as determined by the Secretary'' for

''except that the initial appointments to the Committee shall be

staggered with an equal number of members appointed, to the maximum

extent possible, to one-year, two-year, and three-year terms''.

Subsec. (b)(5). Pub. L. 105-185, Sec. 605(f)(1)(B), struck out

''after the first annual meeting'' after ''except that'' in second

sentence and substituted ''percent'' for ''per centum'' in third

sentence.

Subsec. (c)(2)(A). Pub. L. 105-185, Sec. 605(f)(2)(B)(i),

substituted ''7 members'' for ''seven members''.

Subsec. (c)(2)(B) to (E). Pub. L. 105-185, Sec. 605(f)(2)(B)(ii),

added subpars. (B) to (E) and struck out former subpars. (B) to (E)

and concluding provisions which read as follows:

''(B) two members who are handlers of honey appointed from

nominations submitted by the Committee from recommendations made

by industry organizations representing handler interests;

''(C) two members who are either importers or exporters, of

which at least one shall be an importer, appointed from

nominations submitted by the Committee from recommendations by

industry organizations representing importer and exporter

interests;

''(D) one member who is an officer or employee of a honey

marketing cooperative appointed from nominations submitted by the

Committee; and

''(E) one member selected by the Secretary from the general

public.

The Committee shall also submit nominations for an alternate for

each member of the Honey Board described in subparagraphs (A)

through (D), and the Secretary shall appoint an alternate for the

member described in subparagraph (E). Such alternates shall be

appointed in the same manner as members are and shall serve only

whenever the member is absent from a meeting or is disqualified.

However, no producer-packer who, during any three of the preceding

five years, purchased for resale more honey than such

producer-packer produced shall be eligible for nomination or

appointment to the Honey Board as a producer described in

subparagraph (A) or as an alternate to such producer.''

Subsec. (c)(3) to (7). Pub. L. 105-185, Sec. 605(f)(2)(A), (C),

added pars. (3) to (7) and redesignated former pars. (3) to (6) as

(8) to (11), respectively.

Subsec. (c)(8). Pub. L. 105-185, Sec. 605(f)(2)(A), (D),

redesignated par. (3) as (8) and substituted ''except that

appointments to the Honey Board may be staggered periodically, as

determined by the Secretary, to maintain continuity of the Honey

Board with respect to all members and with respect to members

representing particular groups.'' for ''except that the initial

appointments to the Honey Board shall be staggered with an equal

number of members appointed, to the maximum extent possible, to

one-year, two-year, and three-year terms''.

Subsec. (c)(9) to (11). Pub. L. 105-185, Sec. 605(f)(2)(A),

redesignated pars. (4) to (6) as (9) to (11), respectively.

Subsec. (e)(1). Pub. L. 105-185, Sec. 605(f)(3)(B), added par.

(1) and struck out former par. (1) which read as follows: ''The

Honey Board shall administer collection of the assessment provided

for in this paragraph to finance the expenses described in

subsections (d) and (f) of this section. The assessment rate shall

be $0.01 per pound, with payment to be made in the manner described

in section 4608 of this title.''

Subsec. (e)(2). Pub. L. 105-277 substituted ''$0.01'' for

''$0.0075'' wherever appearing.

Pub. L. 105-185, Sec. 605(f)(3)(A), (B), added par. (2) and

redesignated former par. (2) as (4).

Subsec. (e)(3). Pub. L. 105-185, Sec. 605(f)(3)(A), (B), added

par. (3) and redesignated former par. (3) as (5).

Subsec. (e)(4). Pub. L. 105-185, Sec. 605(f)(3)(A), redesignated

par. (2) as (4).

Subsec. (e)(4)(B). Pub. L. 105-185, Sec. 605(f)(3)(C), added

subpar. (B) and struck out former subpar. (B) which read as

follows:

''(B)(i) A producer, producer-packer, or importer who produces or

imports during any year less than 6,000 pounds of honey shall be

eligible for an exemption in such year from paying an assessment on

honey such person distributes directly through local retail

outlets, as determined by the Secretary, during such year.

''(ii) In order to claim an exemption under this subparagraph, a

person shall submit an application to the Honey Board stating the

basis on which the person claims the exemption for such year.

''(iii) If, after a person claims an exemption from assessments

for any year under this subparagraph, such person no longer meets

the requirements of this subparagraph for an exemption, such person

shall file a report with the Honey Board in the form and manner

prescribed by the Board and pay an assessment on or before March 15

of the subsequent year on all honey produced or imported by such

person during the year for which the person claimed the

exemption.''

Subsec. (e)(5). Pub. L. 105-185, Sec. 605(f)(3)(A), (D),

redesignated par. (3) as (5), inserted ''handler,'' after

''producer-packer'' in two places, substituted ''paragraph (4)''

for ''paragraph (2)'', and inserted '', handler,'' after

''considered a producer''.

Subsec. (f). Pub. L. 105-185, Sec. 605(f)(4), inserted heading,

designated first sentence as par. (1), inserted par. heading,

struck out ''from the assessments'' before ''shall be used'', added

par. (2), designated second sentence as par. (3), and added par.

heading.

Subsec. (g). Pub. L. 105-185, Sec. 605(f)(5), substituted ''by

the Honey Board'' for ''with assessments collected''.

Subsec. (h). Pub. L. 105-185, Sec. 605(f)(6), substituted ''by

the Honey Board under'' for ''through assessments authorized by''.

1990 - Subsec. (c)(2). Pub. L. 101-624, Sec. 1983(1)(B), (C), in

concluding provisions, substituted ''submit nominations for an

alternate'' for ''nominate an alternate or alternates'' and

inserted at end ''However, no producer-packer who, during any three

of the preceding five years, purchased for resale more honey than

such producer-packer produced shall be eligible for nomination or

appointment to the Honey Board as a producer described in

subparagraph (A) or as an alternate to such producer.''

Subsec. (c)(2)(C). Pub. L. 101-624, Sec. 1983(1)(A), added

subpar. (C) and struck out former subpar. (C) which read as

follows: ''two members who are importers appointed from nominations

submitted by the Committee from recommendations made by industry

organizations representing importer interests;''.

Subsec. (c)(4). Pub. L. 101-624, Sec. 1983(1)(D), inserted before

period at end '', except that if, as a result of the adjustment of

the boundaries of the regions established under paragraph (2)(A), a

producer member or alternate is no longer from the region from

which such person was appointed, such member or alternate may serve

out the term for which such person was appointed''.

Subsec. (e)(1). Pub. L. 101-624, Sec. 1984(a)(1), substituted new

second sentence for ''For the first year in which the plan is in

effect, the assessment rate shall be $0.01 per pound, with payment

to be made in the manner described in section 4608 of this title.

After the first year, the Honey Board may submit to the Secretary a

request for an increase in the assessment rate not to exceed 0.5

cent per year, but at no time may the total assessment rate exceed

$0.04 per pound.''

Subsec. (e)(2), (3). Pub. L. 101-624, Sec. 1984(a)(2), added

pars. (2) and (3) and struck out former par. (2) which read as

follows: ''A producer or producer-packer who produces, or handles,

or produces and handles less than six thousand pounds of honey per

year or an importer who imports less than six thousand pounds of

honey per year shall be exempt from the assessment. In order to

claim such an exemption, a person shall submit an application to

the Honey Board stating that their production, handling, or

importation of honey shall not exceed six thousand pounds for the

year for which the exemption is claimed.''

Subsec. (k). Pub. L. 101-624, Sec. 1983(2), added subsec. (k).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective June 23, 1998, see section

101(a) (title VII, Sec. 753(f)) of Pub. L. 105-277, set out as a

note under section 343 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4602, 4608, 4611 of this

title.

-CITE-

7 USC Sec. 4607 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4607. Permissive terms and provisions

-STATUTE-

(a) In general

On the recommendation of the Honey Board, and with the approval

of the Secretary, an order issued pursuant to this chapter may

contain one or more of the following provisions:

(1) Providing authority to exempt from the provisions of the

order honey used for exporting and providing authority for the

Honey Board to require satisfactory safeguards against improper

use of such exemption.

(2) Providing that in a State with an existing marketing order

with respect to honey, the objectives of which the Secretary

determines are comparable to the program established under this

chapter, there shall be paid to the Honey Board as provided in

section 4608 of this title that portion of the national

assessment which is above the State assessment, if any, actually

paid on such honey.

(3) Providing for authority to designate different handler

payment and reporting schedules to recognize differences in

marketing practices and procedures.

(4) Providing that the Honey Board may convene from time to

time working groups drawn from producers, honey handlers,

importers, exporters, members of the wholesale or retail outlets

for honey, or other members of the public to assist in the

development of research and marketing programs for honey.

(5) Providing for authority to accumulate reserve funds from

assessments collected pursuant to this chapter to permit an

effective and continuous coordinated program of research,

promotion, and consumer information, in years when the production

and assessment income may be reduced, but the total reserve fund

may not exceed the amount budgeted for one year's operation.

(6) Providing for the authority to use funds collected under

this chapter with the approval of the Secretary for the

development and expansion of honey and honey product sales in

foreign markets.

(7) Providing for terms and conditions incidental to, and not

inconsistent with, the terms and conditions specified in this

chapter and necessary to effectuate the other provisions of such

an order.

(8) If approved in a referendum conducted under this chapter,

providing authority for the development of programs and related

rules and regulations that will, with the approval of the

Secretary, establish minimum purity standards for honey and honey

products that are designed to maintain a positive and wholesome

marketing image for honey and honey products.

(b) Inspection and monitoring system

(1) Inspection

Any program, rule, or regulation under subsection (a)(8) of

this section may provide for the inspection, by the Secretary, of

honey and honey products being sold for domestic consumption in,

or for export from, the United States.

(2) Monitoring system

The Honey Board may develop and recommend to the Secretary a

system for monitoring the purity of honey and honey products

being sold for domestic consumption in, or for export from, the

United States, including a system for identifying adulterated

honey.

(3) Coordination with other Federal agencies

The Secretary may coordinate, to the maximum extent

practicable, with the head of any other Federal agency that has

authority to ensure compliance with labeling or other

requirements relating to the purity of honey and honey products

concerning an enforcement action against any person that does not

comply with a rule or regulation issued by any other Federal

agency concerning the labeling or purity requirements of honey

and honey products.

(4) Authority to issue regulations

The Secretary may issue such rules and regulations as are

necessary to carry out this subsection.

(c) Voluntary quality assurance program

(1) In general

In addition to or independent of any program, rule, or

regulation under subsection (b) of this section, the Honey Board,

with the approval of the Secretary, may establish and carry out a

voluntary quality assurance program concerning purity standards

for honey and honey products.

(2) Components

The program may include -

(A) the establishment of an official Honey Board seal of

approval to be displayed on honey and honey products of

producers, handlers, and importers that participate in the

voluntary program and are found to meet such standards of

purity as are established under the program;

(B) actions to encourage producers, handlers, and importers

to participate in the program;

(C) actions to encourage consumers to purchase honey and

honey products bearing the official seal of approval; and

(D) periodic inspections by the Secretary, or other parties

approved by the Secretary, of honey and honey products of

producers, handlers, and importers that participate in the

voluntary program.

(3) Display of seal of approval

To be eligible to display the official seal of approval

established under paragraph (2)(A) on a honey or honey product, a

producer, handler, or importer shall participate in the voluntary

program under this subsection.

(d) Authority of Secretary

Notwithstanding any other provision of this chapter, the

Secretary shall have the authority to approve or disapprove the

establishment of minimum purity standards, the inspection and

monitoring system under subsection (b) of this section, and the

voluntary quality assurance program under subsection (c) of this

section.

-SOURCE-

(Pub. L. 98-590, Sec. 8, Oct. 30, 1984, 98 Stat. 3119; Pub. L.

105-185, title VI, Sec. 605(g), June 23, 1998, 112 Stat. 596.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-185 designated existing provisions as subsec.

(a), inserted heading, and added par. (8) and subsecs. (b) to (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4606 of this title.

-CITE-

7 USC Sec. 4608 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4608. Collection of assessments; refunds

-STATUTE-

(a) Handlers

Except as otherwise provided in this section, a first handler of

honey shall be responsible, at the time of first purchase -

(1) for the collection, and payment to the Honey Board, of the

assessment payable by a producer under section 4606(e)(2)(A) of

this title or, if approved in a referendum conducted under this

chapter, under section 4606(e)(3)(A)(i) of this title; and

(2) if approved in a referendum conducted under this chapter,

for the payment to the Honey Board of an additional assessment

payable by the handler under section 4606(e)(3)(A)(ii) of this

title.

(b) Records

The first handler shall maintain a separate record on each

producer's honey so handled, including honey owned by the handler.

(c) Importers

Except as otherwise provided in this section, at the time of

entry of honey and honey products into the United States, an

importer shall remit to the Honey Board through the United States

Customs Service -

(1) the assessment on the imported honey and honey products

required under section 4606(e)(2)(B) of this title; or

(2) if approved in a referendum conducted under this chapter,

the assessment on the imported honey and honey products required

under section 4606(e)(3)(B) of this title, of which the amount

payable under section 4606(e)(3)(A)(ii) of this title represents

the assessment due from the handler to be paid by the importer on

behalf of the handler.

(d) Loan and loan deficiency payments; deduction from disbursement

of loan funds or loan deficiency payment made to producer

In any case in which a loan, or a loan deficiency payment is made

with respect to honey under the honey price support loan program

established under the Agricultural Act of 1949 (7 U.S.C. 1421 et

seq.), or successor statute, the Secretary shall provide for the

assessment to be deducted from the disbursement of any loan funds

or from the loan deficiency payment made to the producer and for

the amount of such assessment to be forwarded to the Honey Board.

The Secretary shall provide for the producer to receive a statement

of the amount of the assessment deducted from the loan funds or

loan deficiency payment promptly after each occasion when an

assessment is deducted from any such loan funds or payment under

this subsection.

(e) Producer-packers

Except as otherwise provided in this section, a producer-packer

shall be responsible for the collection, and payment to the Honey

Board, of -

(1) the assessment payable by the producer-packer under section

4606(e)(2)(A) of this title or, if approved in a referendum

conducted under this chapter, under section 4606(e)(3)(A)(i) of

this title on honey produced by the producer-packer;

(2) at the time of first purchase, the assessment payable by a

producer under section 4606(e)(2)(A) of this title or, if

approved in a referendum conducted under this chapter, under

section 4606(e)(3)(A)(i) of this title on honey purchased by the

producer-packer as a first handler; and

(3) if approved in a referendum conducted under this chapter,

an additional assessment payable by the producer-packer under

section 4606(e)(3)(A)(ii) of this title.

(f) Inspection; books and records

(1) In general

To make available to the Secretary and the Honey Board such

information and data as are necessary to carry out this chapter

(including an order or regulation issued under this chapter), a

handler, importer, producer, or producer-packer responsible for

payment of an assessment under this chapter, and a person

receiving an exemption from an assessment under section

4606(e)(4) of this title, shall -

(A) maintain and make available for inspection by the

Secretary and the Honey Board such books and records as are

required by the order and regulations issued under this

chapter; and

(B) file reports at the times, in the manner, and having the

content prescribed by the order and regulations, which reports

shall include the total number of bee colonies maintained, the

quantity of honey produced, and the quantity of honey and honey

products handled or imported.

(2) Employee or agent

To conduct an inspection or review a report of a handler,

importer, producer, or producer-packer under paragraph (1), an

individual shall be an employee or agent of the Department or the

Honey Board, and shall not be a member or alternate member of the

Honey Board.

(3) Confidentiality

An employee or agent described in paragraph (2) shall be

subject to the confidentiality requirements of subsection (g) of

this section.

(g) Confidentiality of information; disclosure

(1) In general

All information obtained under subsection (f) of this section

shall be kept confidential by all officers, employees, and agents

of the Department or of the Honey Board.

(2) Disclosure

Information subject to paragraph (1) may be disclosed -

(A) 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, that involves the

order with respect to which the information was furnished or

acquired; and

(B) only if the Secretary determines that the information is

relevant to the suit or administrative hearing.

(3) Exceptions

Nothing in this subsection prohibits -

(A) the issuance of general statements based on the reports

of a number of handlers subject to an order, if the statements

do not identify the information furnished by any person; or

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

name of any person that violates any order issued under this

chapter, together with a statement of the particular provisions

of the order violated by the person.

(4) Violation

Any person that knowingly violates this subsection, on

conviction -

(A) shall be fined not more than $1,000, imprisoned not more

than 1 year, or both; and

(B) if the person is an officer or employee of the Honey

Board or the Department, shall be removed from office.

(h) Administration and remittance

Administration and remittance of the assessments under this

chapter shall be conducted -

(1) in the manner prescribed in the order and regulations

issued under this chapter; and

(2) if approved in a referendum conducted under this chapter,

in a manner that ensures that all honey and honey products are

assessed a total of, but not more than, $0.015 per pound,

including any producer or importer assessment.

(i) Liability for assessments

(1) Producers

If a first handler or the Secretary fails to collect an

assessment from a producer under this section, the producer shall

be responsible for the payment of the assessment to the Honey

Board.

(2) Importers

If the United States Customs Service fails to collect an

assessment from an importer or an importer fails to pay an

assessment at the time of entry of honey and honey products into

the United States under this section, the importer shall be

responsible for the remission of the assessment to the Honey

Board.

-SOURCE-

(Pub. L. 98-590, Sec. 9, Oct. 30, 1984, 98 Stat. 3120; Pub. L.

101-624, title XIX, Sec. 1984(b), Nov. 28, 1990, 104 Stat. 3906;

Pub. L. 102-237, title VIII, Sec. 807(1), Dec. 13, 1991, 105 Stat.

1883; Pub. L. 104-127, title V, Sec. 591, Apr. 4, 1996, 110 Stat.

1084; Pub. L. 105-185, title VI, Sec. 605(h), June 23, 1998, 112

Stat. 597.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Act of 1949, referred to in subsec. (d), is act

Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is

classified principally to chapter 35A (Sec. 1421 et seq.) of this

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

Short Title note set out under section 1421 of this title and

Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-185, Sec. 605(h)(1)(A), added

subsec. (a) and struck out former subsec. (a) which read as

follows: ''Except as provided by subsections (c), (d), (e), and (i)

of this section, the first handler of honey shall be responsible

for the collection from the producer, and payment to the Honey

Board, of assessments authorized by this chapter.''

Subsec. (c). Pub. L. 105-185, Sec. 605(h)(1)(B), added subsec.

(c) and struck out former subsec. (c) which read as follows: ''The

assessment on imported honey and honey products shall be paid by

the importer at the time of entry into the United States and shall

be remitted to the Honey Board.''

Subsec. (e). Pub. L. 105-185, Sec. 605(h)(1)(C), added subsec.

(e) and struck out former subsec. (e) which read as follows:

''Producer-packers shall pay to the Honey Board the assessment on

the honey they produce.''

Subsec. (f). Pub. L. 105-185, Sec. 605(h)(2), added subsec. (f)

and struck out former subsec. (f) which read as follows:

''Handlers, importers, producers, and producer-packers responsible

for payment of assessments, and persons receiving an exemption from

assessments under section 4606(e)(2) of this title, shall maintain

and make available for inspection by the Secretary such books and

records as are required by the order and file reports at the times,

in the manner, and having the content prescribed by the order, so

that information and data shall be made available to the Honey

Board and to the Secretary which is appropriate or necessary to the

effectuation, administration, or enforcement of the chapter or of

any order or regulation issued pursuant to this chapter.''

Subsec. (g). Pub. L. 105-185, Sec. 605(h)(3), added subsec. (g)

and struck out former subsec. (g) which read as follows: ''All

information obtained pursuant to subsection (f) of this section

shall be kept confidential by all officers and employees of the

Department of Agriculture and of the Honey Board. Only such

information as the Secretary deems relevant shall be disclosed and

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 involving the order with reference to

which the information was furnished or acquired. Nothing in this

section prohibits -

''(1) issuance of general statements based upon the reports of

a number of handlers subject to any order, if such statements do

not identify the information furnished by any person; or

''(2) the publication by direction of the Secretary, of the

name of any person violating any order issued under this chapter,

together with a statement of the particular provisions of the

order violated by such person.''

Subsec. (h). Pub. L. 105-185, Sec. 605(h)(4), (5), added subsec.

(h) and struck out former subsec. (h) which read as follows:

''(h)(1)(A) Except as otherwise provided in paragraph (2), any

producer or importer may obtain a refund of the assessment

collected from the producer or importer if demand is made within

the time and in the manner prescribed by the Honey Board and

approved by the Secretary; except that, during any year, the amount

of refunds made to an importer, as a percentage of total

assessments collected from such importer, shall not exceed the

amount of refunds made to domestic producers, as a percentage of

total assessments collected from such producers. Such refund shall

be made by the Honey Board in June and December of each year.

''(B) A producer that has obtained a honey price support loan

under the Agricultural Act of 1949, or successor statute, may

obtain a refund if the producer has submitted to the Honey Board

the statement received under subsection (d) of this section of the

amount of assessment deducted from the loan funds and has otherwise

complied with this subsection, even though the loan with respect to

which the assessment was collected may still be outstanding and

final settlement has not been made.

''(2) With respect to the order in effect on November 28, 1990,

following the referendum on such order required under section

4612(b)(2) of this title, a producer or importer may obtain a

refund of an assessment under such order as provided in paragraph

(1) only if the Secretary determines that the proposal to terminate

refunds under the order is defeated in such referendum.''

Subsec. (i). Pub. L. 105-185, Sec. 605(h)(6), inserted subsec.

heading, designated existing provisions as par. (1), inserted par.

heading, and added par. (2).

1996 - Subsec. (f). Pub. L. 104-127 inserted ''producers,'' after

''importers,''.

1991 - Subsec. (h)(1)(A). Pub. L. 102-237 inserted ''to'' before

''an importer''.

1990 - Subsec. (a). Pub. L. 101-624, Sec. 1984(b)(1), inserted

reference to subsec. (i) of this section.

Subsec. (d). Pub. L. 101-624, Sec. 1984(b)(2), amended subsec.

(d) generally. Prior to amendment, subsec. (d) read as follows:

''In any case in which a loan is made with respect to any honey

under the Honey Loan Price Support Program, the Secretary shall

provide that the assessment shall be deducted from the proceeds of

the loan and that the amount of such assessment shall be forwarded

to the Honey Board. When such loan is redeemed, the Secretary shall

provide the producer with proof of payment of the assessment.''

Subsec. (f). Pub. L. 101-624, Sec. 1984(b)(3), inserted '', and

persons receiving an exemption from assessments under section

4606(e)(2) of this title,'' after ''payment of assessments''.

Subsec. (h). Pub. L. 101-624, Sec. 1984(b)(4), designated

existing provisions as par. (1)(A); substituted ''Except as

otherwise provided in paragraph (2), any'' for ''Any'', ''an

importer'' for ''to importers'', and ''from such importer'' for

''from importers''; added subpar. (B); and added par. (2).

Subsec. (i). Pub. L. 101-624, Sec. 1984(b)(5), added subsec. (i).

-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 4606, 4607, 4612 of this

title.

-CITE-

7 USC Sec. 4609 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4609. Petition and review

-STATUTE-

(a) Filing of petition; hearing

(1) In general

Subject to paragraph (4), a person subject to an order may file

a written petition with the Secretary -

(A) that states 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) that requests -

(i) a modification of the order, provision, or obligation;

or

(ii) to be exempted from the order, provision, or

obligation.

(2) Hearing

In accordance with regulations issued by the Secretary, the

petitioner shall be given an opportunity for a hearing on the

petition.

(3) Ruling

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

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

(4) Statute of limitations

A petition filed under this subsection that challenges an

order, any provision of the order, or any obligation imposed in

connection with the order, shall be filed not later than 2 years

after the later of -

(A) the effective date of the order, provision, or obligation

challenged in the petition; or

(B) the date on which the petitioner became subject to the

order, provision, or obligation challenged in the petition.

(b) District court; jurisdiction; review; rulings

The district courts of the United States in any district in which

such person is an inhabitant, or carries on business, are hereby

vested with jurisdiction to review such ruling, provided a

complaint for that purpose is filed within twenty days from the

date of the entry of such ruling. Service of process in such

proceedings may be had upon the Secretary by delivering to the

Secretary a copy of the complaint. If the court determines that

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

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

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

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

the law requires. The pendency of proceedings instituted pursuant

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

delay the United States or the Secretary from obtaining relief

pursuant to section 4610 of this title.

-SOURCE-

(Pub. L. 98-590, Sec. 10, Oct. 30, 1984, 98 Stat. 3121; Pub. L.

105-185, title VI, Sec. 605(i), June 23, 1998, 112 Stat. 599.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-185 added subsec. (a) and struck

out former subsec. (a) which read as follows: ''Any person subject

to an order may file, within a period prescribed by the Secretary,

a written petition with the Secretary, stating that such order or

any provision of such order or any obligation imposed in connection

therewith is not in accordance with law and requesting a

modification thereof or to be exempted therefrom. Such person

shall thereupon be given an opportunity for a hearing upon such

petition, in accordance with regulations made by the Secretary.

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4610a of this title.

-CITE-

7 USC Sec. 4610 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4610. Enforcement

-STATUTE-

(a) District courts; jurisdiction; Attorney General

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 issued under

this chapter. The facts relating to any civil action authorized to

be brought under this subsection shall be referred to the Attorney

General for appropriate action. Nothing in this chapter shall be

construed as requiring the Secretary to refer to the Attorney

General violations of this chapter whenever the Secretary believes

that the administration and enforcement of any such order or

regulation would be adequately served by administrative action

under subsection (b) of this section or suitable written notice or

warning to any person committing such violations.

(b) Civil penalties; notice and hearing; review; courts of appeals;

cease and desist orders; failure to obey; Attorney General

(1) Any person who violates any 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 such person thereunder, 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.

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 violations. No penalty shall be assessed or cease

and desist order issued unless such person is given notice and

opportunity for a hearing before the Secretary with respect to such

violation, and the order of the Secretary assessing a penalty or

imposing a cease and desist order shall be final and conclusive

unless the affected person files an appeal from the Secretary's

order with the appropriate United States court of appeals.

(2) Any person against whom a violation is found and a civil

penalty assessed or cease and desist order issued under paragraph

(1) may obtain review in the court of appeals of the United States

for the circuit in which such person resides or carries on business

or in the United States Court of Appeals for the District of

Columbia Circuit by filing a notice of appeal in such court within

thirty days from the date of such order and by simultaneously

sending a copy of such notice by certified mail to the Secretary.

The Secretary shall promptly file in such court a certified copy of

the record upon which such violation was found. The findings of

the Secretary shall be set aside only if found to be unsupported by

substantial evidence.

(3) Any person who fails to obey a cease and desist order after

it has become final and unappealable, or after the appropriate

court of appeals 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 paragraphs (1) and (2) of not

more than $500 for each offense, and each day during which such

failure continues shall be deemed a separate offense.

(4) If any person fails to pay an assessment of a civil penalty

after it has become a final and unappealable order, or after the

appropriate court of appeals 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 appropriate

district court of the United States. In such action, the validity

and appropriateness of the final order imposing the civil penalty

shall not be subject to review.

-SOURCE-

(Pub. L. 98-590, Sec. 11, Oct. 30, 1984, 98 Stat. 3122; Pub. L.

105-185, Sec. 605(j), June 23, 1998, 112 Stat. 600.)

-MISC1-

AMENDMENTS

1998 - Subsecs. (a), (b)(1). Pub. L. 105-185 substituted

''order'' for ''plan'' wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4609, 4610a of this

title.

-CITE-

7 USC Sec. 4610a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4610a. Investigations and power to subpoena

-STATUTE-

(a) In general

The Secretary may make such investigations as the Secretary

determines necessary -

(1) for the effective administration of this chapter; or

(2) to determine whether a person has engaged or is engaging in

any act or practice that constitutes a violation of any provision

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

under this chapter.

(b) Power to subpoena

(1) Investigations

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

of this section, the Secretary is authorized to administer oaths

and affirmations and to 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

4609 or 4610 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 4609 or 4610 of this

title shall be within the judicial district where such person

resides or has a principal place of business.

-SOURCE-

(Pub. L. 98-590, Sec. 11A, as added Pub. L. 101-624, title XIX,

Sec. 1986, Nov. 28, 1990, 104 Stat. 3908; amended Pub. L. 102-237,

title VIII, Sec. 807(2), Dec. 13, 1991, 105 Stat. 1883.)

-MISC1-

AMENDMENTS

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

after ''4609 or''.

-CITE-

7 USC Sec. 4611 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4611. Requirements of referendum

-STATUTE-

(a) In general

For the purpose of ascertaining whether issuance of an order is

approved by producers, importers, and in the case of an order

assessing handlers, handlers, the Secretary shall conduct a

referendum among producers, importers, and, in the case of an order

assessing handlers, handlers, not exempt under section 4606(e)(4)

of this title, that, during a representative period determined by

the Secretary, have been engaged in the production, importation, or

handling of honey or honey products.

(b) Effectiveness of order

(1) In general

No order issued under this chapter shall be effective unless

the Secretary determines that -

(A) the order is approved by a majority of the producers,

importers, and if covered by the order, handlers, voting in the

referendum; and

(B) the producers, importers, and handlers comprising the

majority produced, imported, and handled not less than 50

percent of the quantity of the honey and honey products

produced, imported, and handled during the representative

period by the persons voting in the referendum.

(2) Amendments to orders

The Secretary may amend an order in accordance with the

administrative procedures specified in sections 4604 and 4605 of

this title, except that the Secretary may not amend a provision

of an order that implements a provision of this chapter that

specifically provides for approval in a referendum without the

approval provided for in this section.

(c) Producer-packers and importers

(1) In general

Each producer-packer and each importer shall have 1 vote as a

handler as well as 1 vote as a producer or importer (unless

exempt under section 4606(e)(4) of this title) in all referenda

concerning orders assessing handlers to the extent that the

individual producer-packer or importer owes assessments as a

handler.

(2) Attribution of quantity of honey

For the purpose of subsection (b)(1)(B) of this section -

(A) the quantity of honey or honey products on which the

qualifying producer-packer or importer owes assessments as a

handler shall be attributed to the person's vote as a handler

under paragraph (1); and

(B) the quantity of honey or honey products on which the

producer-packer or importer owes an assessment as a producer or

importer shall be attributed to the person's vote as a producer

or importer.

(d) Confidentiality

The ballots and other information or reports that reveal, or tend

to reveal, the identity or vote of any producer, importer, or

handler of honey or honey products shall be held strictly

confidential and shall not be disclosed.

-SOURCE-

(Pub. L. 98-590, Sec. 12, Oct. 30, 1984, 98 Stat. 3123; Pub. L.

105-185, title VI, Sec. 605(k), June 23, 1998, 112 Stat. 600.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-185 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: ''For the purpose of ascertaining whether issuance of an

order is approved or favored by producers and importers, the

Secretary shall conduct a referendum among those producers and

importers not exempt under section 4606(e)(2) of this title who,

during a representative period determined by the Secretary, have

been engaged in the production and importation of honey. No order

issued pursuant to this chapter shall be effective unless the

Secretary determines that the issuance of such an order is approved

or favored by not less than two-thirds of the producers and

importers voting in such referendum or by a majority of the

producers and importers voting in such referendum if such majority

produced and imported not less than two-thirds of the honey

produced and imported during the representative period. The

ballots and other information or reports which reveal, or tend to

reveal, the vote of any producer or importer of honey shall be held

strictly confidential and shall not be disclosed.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4612, 4613 of this title.

-CITE-

7 USC Sec. 4612 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4612. Termination or suspension

-STATUTE-

(a) ''Person'' defined

In this section, the term ''person'' means a producer, importer,

or handler.

(b) Authority of Secretary

If the Secretary finds that an order issued under this chapter,

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

effectuate the purposes of this chapter, the Secretary shall

terminate or suspend the operation of the order or provision.

(c) Periodic referenda

Except as provided in subsection (d)(3) of this section and

section 4613(g) of this title, on the date that is 5 years after

the date on which the Secretary issues an order authorizing the

collection of assessments on honey or honey products under this

chapter, and every 5 years thereafter, the Secretary shall conduct

a referendum to determine if the persons subject to assessment

under the order approve continuation of the order in accordance

with section 4611 of this title.

(d) Referenda on request

(1) In general

On the request of the Honey Board or the petition of at least

10 percent of the total number of persons subject to assessment

under the order, the Secretary shall conduct a referendum to

determine if the persons subject to assessment under the order

approve continuation of the order in accordance with section 4611

of this title.

(2) Limitation

Referenda conducted under paragraph (1) may not be held more

than once every 2 years.

(3) Effect on periodic referenda

If a referendum is conducted under this subsection and the

Secretary determines that continuation of the order is approved

under section 4611 of this title, any referendum otherwise

required to be conducted under subsection (c) of this section

shall not be held before the date that is 5 years after the date

of the referendum conducted under this subsection.

(e) Timing and requirements for termination or suspension

(1) In general

The Secretary shall terminate or suspend an order at the end of

the marketing year during which a referendum is conducted under

subsection (c) or (d) of this section if the Secretary determines

that continuation of an order is not approved under section 4611

of this title.

(2) Subsequent referendum

If the Secretary terminates or suspends an order that assesses

the handling of honey and honey products under paragraph (1), the

Secretary shall, not later than 90 days after submission of a

proposed order by an interested party -

(A) propose another order to establish a research, promotion,

and consumer information program; and

(B) conduct a referendum on the order among persons that

would be subject to assessment under the order.

(3) Effectiveness of order

Section 4611 of this title shall apply in determining the

effectiveness of the subsequent amended order under paragraph

(2).

-SOURCE-

(Pub. L. 98-590, Sec. 13, Oct. 30, 1984, 98 Stat. 3123; Pub. L.

101-624, title XIX, Sec. 1985, Nov. 28, 1990, 104 Stat. 3907; Pub.

L. 105-185, title VI, Sec. 605(l), June 23, 1998, 112 Stat. 601.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-185 amended section catchline and text

generally, substituting present provisions for provisions which in

subsec. (a) authorized Secretary to terminate or suspend order, in

subsec. (b) provided for conducting of referendum every five years

and alternative first referendum, in subsec. (c) provided for

referendum upon request of Honey Board or petition of ten percent

or more of producers and importers, and in subsec. (d) directed

termination or suspension of order where favored by majority voting

in referendum and majority produce and import more than 50 percent

of volume of honey of those voting.

1990 - Subsec. (b). Pub. L. 101-624, Sec. 1985(a), designated

existing provisions as par. (1), substituted ''Except as otherwise

provided in paragraph (2), five'' for ''Five'' and ''termination''

for ''continuation, termination,'' and added par. (2).

Subsec. (d). Pub. L. 101-624, Sec. 1985(b), substituted ''an

order'' for ''such order'', inserted ''in which a referendum is

conducted under subsection (b) or (c) of this section'' after

''marketing year'', and struck out ''of the order'' before ''is

favored by''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4606, 4613 of this title.

-CITE-

7 USC Sec. 4613 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 77 - HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

-HEAD-

Sec. 4613. Implementation of amendments made by Agricultural

Research, Extension, and Education Reform Act of 1998

-STATUTE-

(a) Issuance of amended order

To implement the amendments made to this chapter by section 605

of the Agricultural Research, Extension, and Education Reform Act

of 1998 (other than subsection (m) of that section), the Secretary

shall issue an amended order under section 4603 of this title that

reflects those amendments.

(b) Proposal of amended order

Not later than 90 days after June 23, 1998, the Secretary shall

publish a proposed order under section 4603 of this title that

reflects the amendments made by section 605 of the Agricultural

Research, Extension, and Education Reform Act of 1998. The

Secretary shall provide notice and an opportunity for public

comment on the proposed order in accordance with section 4604 of

this title.

(c) Issuance of amended order

Not later than 240 days after publication of the proposed order,

the Secretary shall issue an order under section 4605 of this

title, taking into consideration the comments received and

including in the order such provisions as are necessary to ensure

that the order conforms with the amendments made by section 605 of

the Agricultural Research, Extension, and Education Reform Act of

1998.

(d) Referendum on amended order

(1) Requirement

(A) In general

On issuance of an order under section 4605 of this title

reflecting the amendments made by section 605 of the

Agricultural Research, Extension, and Education Reform Act of

1998, the Secretary shall conduct a referendum under this

section for the sole purpose of determining whether the order

as amended shall become effective.

(B) Individual provisions

No individual provision of the amended order shall be subject

to a separate vote under the referendum.

(2) Eligible voters

The Secretary shall conduct the referendum among persons

subject to assessment under the order that have been producers,

producer-packers, importers, or handlers during the

2-calendar-year period that precedes the referendum, which period

shall be considered to be the representative period.

(3) Determination of quantity

(A) In general

Producer-packers, importers, and handlers shall be allowed to

vote as if -

(i) the amended order had been in place during the

representative period described in paragraph (2); and

(ii) they had owed the increased assessments provided by

the amended order.

(B) Votes and attributed quantity for producer-packers and

importers

The votes and the quantity of honey and honey products

attributed to the votes of producer-packers and importers shall

be determined in accordance with section 4611 of this title.

(C) Attributed quantity for handlers

The quantity of honey and honey products attributed to the

vote of a handler shall be the quantity handled in the

representative period described in paragraph (2) for which the

handler would have owed assessments had the amended order been

in effect.

(4) Effectiveness of order

The amended order shall become effective only if the Secretary

determines that the amended order is effective in accordance with

section 4611 of this title.

(e) Continuation of existing order if amended order is rejected

If adoption of the amended order is not approved -

(1) the order issued under section 4603 of this title that is

in effect on June 23, 1998, shall continue in full force and

effect; and

(2) the Secretary may amend the order to ensure the conformity

of the order with this chapter (as in effect on the day before

June 23, 1998).

(f) Effect of rejection on subsequent orders

(1) In general

Subject to paragraph (2), if adoption of the amended order is

not approved in the referendum required under subsection (d) of

this section, the Secretary may issue an amended order that

implements some or all of the amendments made to this chapter by

section 605 of the Agricultural Research, Extension, and

Education Reform Act of 1998, or makes other changes to an

existing order, in accordance with the administrative procedures

specified in sections 4604 and 4605 of this title.

(2) Approval

An amendment to an order that implements a provision that is

subject to a referendum shall be approved in accordance with

section 4611 of this title before becoming effective.

(g) Effect on periodic referenda

If the amended order becomes effective, any referendum otherwise

required to be conducted under section 4612(c) of this title shall

not be held before the date that is 5 years after the date of the

referendum conducted under this section.

-SOURCE-

(Pub. L. 98-590, Sec. 14, as added Pub. L. 105-185, title VI, Sec.

605(m), June 23, 1998, 112 Stat. 602.)

-REFTEXT-

REFERENCES IN TEXT

Section 605 of the Agricultural Research, Extension, and

Education Reform Act of 1998, referred to in subsecs. (a) to

(d)(1)(A) and (f)(1), is section 605 of Pub. L. 105-185, June 23,

1998, 112 Stat. 523, which enacted this section and amended

sections 4601 to 4612 of this title. Subsec. (m) of section 605

enacted this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4606, 4612 of this title.

-CITE-