-CITE-

7 USC CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

.

-HEAD-

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-MISC1-

Sec.

4901. Congressional findings and declaration of policy.

4902. Definitions.

4903. Issuance of plans.

4904. Notice and hearings.

4905. Regulations.

4906. Required terms in plans.

(a) Description of terms and provisions.

(b) Establishment and powers of National Watermelon

Promotion Board.

(c) Membership of Board; representation of interests;

appointment; nomination; eligibility of

producers; importer representation.

(d) Compensation and expenses of Board.

(e) Budget on fiscal period basis.

(f) Assessments; payments; notice.

(g) Scope of expenditures; restrictions; assessments

on per-unit basis; importers.

(h) Refunds.

(i) Submission of programs or projects; approval by

Secretary.

(j) Contract authority.

(k) Recordkeeping; accounting and audit reports.

(l) Certification.

4907. Permissive terms in plans.

(a) Description of terms and provisions; prohibition.

(b) Exemptions.

(c) Designation of different handler payment and

reporting schedules for assessments.

(d) Advertising and sales promotion programs or

projects.

(e) Marketing objectives of research and development

projects and studies.

(f) Reserve funds; limitation.

(g) Foreign market sales.

(h) Other terms and conditions.

4908. Assessment procedures.

(a) Persons responsible for remittance of

assessments; recordkeeping; equal and unitary

assessments.

(b) Inspection of records.

(c) Confidentiality of information; disclosure

authority; general or violation statements;

penalties; removal from office.

4909. Petition and review.

4910. Enforcement.

4911. Investigation and power to subpoena.

4912. Requirement of referendum.

4913. Suspension or termination of plans.

4914. Amendment procedure.

(a) In general.

(b) Separate consideration of amendments.

4915. Separability.

4916. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

-CITE-

7 USC Sec. 4901 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4901. Congressional findings and declaration of policy

-STATUTE-

(a) Congress finds that -

(1) the per capita consumption of watermelons in the United

States has declined steadily in recent years;

(2) watermelons are an important cash crop to many farmers in

the United States and are an economical, enjoyable, and healthful

food for consumers;

(3) approximately 2,607,600,000 pounds of watermelons with a

farm value of $158,923,000 were produced in 1981 in the United

States;

(4) watermelons move in the channels of interstate commerce,

and watermelons that do not move in such channels directly affect

interstate commerce;

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

establishment of new or improved markets and uses for watermelons

are vital to the welfare of watermelon growers and those

concerned with marketing, using, handling, and importing

watermelons, as well as the general economic welfare of the

Nation; and

(6) the development and implementation of coordinated programs

of research, development, advertising, and promotion are

necessary to maintain and expand existing markets and establish

new or improved markets and uses for watermelons.

(b) It is declared to be the policy of Congress that it is

essential in the public interest, through the exercise of the

powers provided herein, to authorize the establishment of an

orderly procedure for the development, financing (through adequate

assessments on watermelons harvested in the United States, or

imported into the United States, for commercial use), and carrying

out of an effective, continuous, and coordinated program of

research, development, advertising, and promotion designed to

strengthen the watermelon's competitive position in the

marketplace, and establish, maintain, and expand domestic and

foreign markets for watermelons. The purpose of this chapter is to

so authorize the establishment of such procedure and the

development, financing, and carrying out of such program. Nothing

in this chapter may be construed to dictate quality standards nor

provide for the control of production or otherwise limit the right

of individual watermelon producers to produce watermelons.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1642, Dec. 23, 1985, 99 Stat.

1622; Pub. L. 103-189, Sec. 8(k)(1), (2), Dec. 14, 1993, 107 Stat.

2263.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(5). Pub. L. 103-189, Sec. 8(k)(1), substituted

''handling, and importing'' for ''and handling''.

Subsec. (b). Pub. L. 103-189, Sec. 8(k)(2), inserted '', or

imported into the United States,'' after ''harvested in the United

States'' and struck out ''produced in the United States'' after

''foreign markets for watermelons''.

SHORT TITLE OF 1993 AMENDMENT

Section 1(a) of Pub. L. 103-189 provided that: ''This Act

(amending this section and sections 4902 to 4904, 4906, 4908, and

4911 to 4914 of this title) may be cited as the 'Watermelon

Research and Promotion Improvement Act of 1993'.''

SHORT TITLE

Section 1641 of Pub. L. 99-198 provided that: ''This subtitle

(subtitle C (Sec. 1641-1657) of Pub. L. 99-198, enacting this

chapter) may be cited as the 'Watermelon Research and Promotion

Act'.''

-CITE-

7 USC Sec. 4902 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4902. Definitions

-STATUTE-

As used in this chapter:

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

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

individuals, partnership, corporation, association, cooperative,

or other entity.

(3) The term ''watermelon'' means all varieties of watermelon

grown by producers in the United States or imported into the

United States.

(4) The term ''handler'' means any person (except a common or

contract carrier of watermelons owned by another person) who

handles watermelons in a manner specified in a plan issued under

this chapter or in regulations promulgated thereunder.

(5) The term ''producer'' means any person engaged in the

growing of 10 or more acres of watermelons.

(6) The term ''importer'' means any person who imports

watermelons into the United States.

(7) The term ''plan'' means an order issued by the Secretary

under this chapter.

(8) The term ''promotion'' means any action taken by the Board,

under this chapter, to present a favorable image for watermelons

to the public with the express intent of improving the

competitive position of watermelons in the marketplace and

stimulating sales of watermelons, and shall include, but not be

limited to, paid advertising.

(9) The term ''Board'' means the National Watermelon Promotion

Board provided for in section 4906 of this title.

(10) The term ''United States'' means each of the several

States and the District of Columbia.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1643, Dec. 23, 1985, 99 Stat.

1623; Pub. L. 103-189, Sec. 3(a), 8(a), (k)(3), 9(a), Dec. 14,

1993, 107 Stat. 2259, 2261, 2263, 2264.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-189, Sec. 8(k)(3)(A), substituted ''chapter:''

for ''chapter - '' in introductory provisions.

Pars. (1), (2). Pub. L. 103-189, Sec. 8(k)(3)(B), (C),

substituted ''The term'' for ''the term'' and a period for

semicolon at end.

Par. (3). Pub. L. 103-189, Sec. 8(a)(1), (k)(3)(B), substituted

''The term'' for ''the term'' and ''or imported into the United

States.'' for the semicolon at end.

Pub. L. 103-189, Sec. 3(a)(1), struck out ''the forty-eight

contiguous States of'' after ''by producers in''.

Par. (4). Pub. L. 103-189, Sec. 8(k)(3)(B), (C), substituted

''The term'' for ''the term'' and a period for semicolon at end.

Par. (5). Pub. L. 103-189, Sec. 9(a), substituted ''10'' for

''five''.

Pub. L. 103-189, Sec. 8(k)(3)(B), (C), substituted ''The term''

for ''the term'' and a period for semicolon at end.

Pars. (6), (7). Pub. L. 103-189, Sec. 8(a)(2), (3), added pars.

(6) and (7) and redesignated former pars. (6) and (7) as (8) and

(9), respectively.

Par. (8). Pub. L. 103-189, Sec. 8(a)(2), (k)(3)(D), redesignated

par. (6) as (8) and substituted ''The term'' for ''the term'' and a

period for ''; and'' at end.

Par. (9). Pub. L. 103-189, Sec. 8(a)(2), (k)(3)(E), redesignated

par. (7) as (9) and substituted ''The term'' for ''the term'' and

''4906'' for ''4903''.

Par. (10). Pub. L. 103-189, Sec. 3(a)(2), added par. (10).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4906, 4912 of this title.

-CITE-

7 USC Sec. 4903 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4903. Issuance of plans

-STATUTE-

To effectuate the declared policy of this chapter, the Secretary

shall, under the provisions of this chapter, issue, and from time

to time may amend, orders (applicable to producers, handlers, and

importers of watermelons) authorizing the collection of assessments

on watermelons under this chapter and the use of such funds to

cover the costs of research, development, advertising, and

promotion with respect to watermelons under this chapter. Any plan

shall be applicable to watermelons produced in the United States or

imported into the United States.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1644, Dec. 23, 1985, 99 Stat.

1623; Pub. L. 103-189, Sec. 3(b), 8(b), Dec. 14, 1993, 107 Stat.

2259, 2261.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-189, in first sentence, substituted '',

handlers, and importers'' for ''and handlers'', struck out after

first sentence ''Any order issued by the Secretary under this

chapter shall hereinafter in this chapter be referred to as a

'plan'.'', and in last sentence, struck out ''the forty-eight

contiguous States of'' after ''watermelons produced in'', and

inserted ''or imported into the United States'' before period at

end.

-CITE-

7 USC Sec. 4904 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4904. Notice and hearings

-STATUTE-

(a) When sufficient evidence, as determined by the Secretary, is

presented to the Secretary by watermelon producers, handlers, and

importers, or whenever the Secretary has reason to believe that a

plan will tend to effectuate the declared policy of this chapter,

the Secretary shall give due notice and opportunity for a hearing

on a proposed plan. Such hearing may be requested by watermelon

producers, handlers, or importers or by any other interested

person, including the Secretary, when the request for such hearing

is accompanied by a proposal for a plan.

(b) After notice and opportunity for hearing as provided in

subsection (a) of this section, the Secretary shall issue a plan if

the Secretary finds, and sets forth in such plan, on the evidence

introduced at the hearing that the issuance of the plan and all the

terms and conditions thereof will tend to effectuate the declared

policy of this chapter.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1645, Dec. 23, 1985, 99 Stat.

1623; Pub. L. 103-189, Sec. 8(c), Dec. 14, 1993, 107 Stat. 2261.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-189 substituted '', handlers, and

importers'' for ''and handlers'' and '', handlers, or importers''

for ''or handlers''.

-CITE-

7 USC Sec. 4905 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4905. Regulations

-STATUTE-

The Secretary may issue such regulations as may be necessary to

carry out the provisions of this chapter and the powers vested in

the Secretary under this chapter.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1646, Dec. 23, 1985, 99 Stat.

1624.)

-CITE-

7 USC Sec. 4906 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4906. Required terms in plans

-STATUTE-

(a) Description of terms and provisions

Any plan issued under this chapter shall contain the terms and

provisions described in this section.

(b) Establishment and powers of National Watermelon Promotion Board

The plan shall provide for the establishment by the Secretary of

the National Watermelon Promotion Board and for defining its powers

and duties, which shall include the powers to -

(1) administer the plan in accordance with its terms and

conditions;

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

conditions of the plan;

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

complaints of violations of the plan; and

(4) recommend to the Secretary amendments to the plan.

(c) Membership of Board; representation of interests; appointment;

nomination; eligibility of producers; importer representation

(1) The plan shall provide that the Board shall be composed of

representatives of producers and handlers, and one representative

of the public, appointed by the Secretary from nominations

submitted in accordance with this subsection. An equal number of

representatives of producers and handlers shall be nominated by

producers and handlers, and the representative of the public shall

be nominated by the other members of the Board, in such manner as

may be prescribed by the Secretary. If producers and handlers fail

to select nominees for appointment to the Board, the Secretary may

appoint persons on the basis of representation as provided for in

the plan. If the Board fails to nominate a public representative,

the Secretary shall choose such representative for appointment.

(2) A producer shall be eligible to serve on the Board only as a

representative of handlers, and not as a representative of

producers, if -

(A) the producer purchases watermelons from other producers, in

a combined total volume that is equal to 25 percent or more of

the producer's own production; or

(B) the combined total volume of watermelons handled by the

producer from the producer's own production and purchases from

other producers' production is more than 50 percent of the

producer's own production.

(3)(A) If importers are subject to the plan, the Board shall also

include 1 or more representatives of importers, who shall be

appointed by the Secretary from nominations submitted by importers

in such manner as may be prescribed by the Secretary.

(B) Importer representation on the Board shall be proportionate

to the percentage of assessments paid by importers to the Board,

except that at least 1 representative of importers shall serve on

the Board.

(C) If importers are subject to the plan and fail to select

nominees for appointment to the Board, the Secretary may appoint

any importers as the representatives of importers.

(D) Not later than 5 years after the date that importers are

subjected to the plan, and every 5 years thereafter, the Secretary

shall evaluate the average annual percentage of assessments paid by

importers during the 3-year period preceding the date of the

evaluation and adjust, to the extent practicable, the number of

importer representatives on the Board.

(d) Compensation and expenses of Board

The plan shall provide that all Board members shall serve without

compensation, but shall be reimbursed for reasonable expenses

incurred in performing their duties as members of the Board.

(e) Budget on fiscal period basis

The plan shall provide that the 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 plan, including probable costs of research,

development, advertising, and promotion.

(f) Assessments; payments; notice

The plan shall provide for the fixing by the Secretary of

assessments to cover costs incurred under the budgets provided for

in subsection (e) of this section, and under section 4907(f) of

this title, based on the Board's recommendation as to the

appropriate rate of assessment, and for the payment of the

assessments to the Board.. (FOOTNOTE 1) In fixing or changing the

rate of assessment pursuant to the plan, the Secretary shall comply

with the notice and comment procedures established under section

553 of title 5. Sections 556 and 557 of such title shall not apply

with respect to fixing or changing the rate of assessment.

(FOOTNOTE 1) So in original.

(g) Scope of expenditures; restrictions; assessments on per-unit

basis; importers

The plan shall provide the following:

(1) Funds received by the Board shall be used for research,

development, advertising, or promotion of watermelons and such

other expenses for the administration, maintenance, and

functioning of the Board as may be authorized by the Secretary,

including any referendum and administrative costs incurred by the

Department of Agriculture under this chapter.

(2) No advertising or sales promotion program under this

chapter shall make any reference to private brand names nor use

false or unwarranted claims in behalf of watermelons or their

products or false or unwarranted statements with respect to

attributes or use of any competing products.

(3) No funds received by the Board shall in any manner be used

for the purpose of influencing governmental policy or action,

except as provided by subsections (b)(4) and (f) of this section.

(4) Assessments shall be made on watermelons produced by

producers and watermelons handled by handlers, and the rate of

such assessments in the case of producers and handlers shall be

the same, on a per-unit basis, for producers and handlers. If a

person performs both producing and handling functions, both

assessments shall be paid by such person.

(5) If importers are subject to the plan, an assessment shall

also be made on watermelons imported into the United States by

the importers. The rate of assessment for importers who are

subject to the plan shall be equal to the combined rate for

producers and handlers.

(h) Refunds

(1) Except as provided in paragraph (2), the plan shall provide

that, notwithstanding any other provisions of this chapter, any

watermelon producer or handler (or importer who is subject to the

plan) against whose watermelons an assessment is made and collected

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

research, development, advertising, and promotion program provided

for under this chapter shall have the right to demand a refund of

the assessment from the Board, under regulations, and on a form and

within a time period (not less than 90 days), prescribed by the

Board and approved by the Secretary. A producer or handler (or

importer who is subject to the plan) who timely makes demand in

accord with the regulations, on submission of proof satisfactory to

the Board that the producer, handler, or importer paid the

assessment for which the refund is sought, shall receive such

refund within 60 days after demand therefor.

(2) If approved in the referendum required by section 4914(b) of

this title relating to the elimination of the assessment refund

under paragraph (1), the Secretary shall amend the plan that is in

effect on the day before December 14, 1993, to eliminate the refund

provision.

(3)(A) Notwithstanding paragraph (2) and subject to subparagraph

(B), if importers are subject to the plan, the plan shall provide

that an importer of less than 150,000 pounds of watermelons per

year shall be entitled to apply for a refund that is based on the

rate of assessment paid by domestic producers.

(B) The Secretary may adjust the quantity of the weight exemption

specified in subparagraph (A) on the recommendation of the Board

after an opportunity for public notice and opportunity for comment

in accordance with section 553 of title 5, and without regard to

sections 556 and 557 of such title, to reflect significant changes

in the 5-year average yield per acre of watermelons produced in the

United States.

(i) Submission of programs or projects; approval by Secretary

The plan shall provide that the Board, subject to the provisions

of subsections (e), (f), and (g) of this section, shall develop and

submit to the Secretary, for the Secretary's approval, any

research, development, advertising, or promotion program or

project, and that a program or project must be approved by the

Secretary before becoming effective.

(j) Contract authority

The plan shall provide the Board with authority to enter into

contracts or agreements, with the approval of the Secretary, for

the development and carrying out of research, development,

advertising, or promotion programs or projects, and the payment of

the cost thereof with funds collected under this chapter.

(k) Recordkeeping; accounting and audit reports

The plan shall provide that the Board shall (1) maintain books

and records, (2) prepare and submit to the Secretary such reports

from time to time as may be prescribed for appropriate accounting

with respect to the receipt and disbursement of funds entrusted to

it, and (3) cause a complete audit report to be submitted to the

Secretary at the end of each fiscal period.

(l) Certification

The plan shall provide that the Board shall have the authority to

establish rules for certifying whether a person meets the

definition of a producer under section 4902(5) of this title.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1647, Dec. 23, 1985, 99 Stat.

1624; Pub. L. 103-189, Sec. 4-7, 8(d)-(f), (k)(4), 9(b), Dec. 14,

1993, 107 Stat. 2260-2262, 2264.)

-MISC1-

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-189, Sec. 4, 8(d), designated

existing provisions as par. (1), substituted ''other members of the

Board'' for ''producer and handler members of the Board'' in second

sentence, and added pars. (2) and (3).

Subsec. (f). Pub. L. 103-189, Sec. 5(1), 6, substituted ''payment

of the assessments to the Board.'' for ''collection of the

assessments by the Board'' and inserted at end ''In fixing or

changing the rate of assessment pursuant to the plan, the Secretary

shall comply with the notice and comment procedures established

under section 553 of title 5. Sections 556 and 557 of such title

shall not apply with respect to fixing or changing the rate of

assessment.''

Subsec. (g). Pub. L. 103-189, Sec. 8(k)(4)(A), substituted ''the

following:'' for ''that - '' in introductory provisions.

Subsec. (g)(1). Pub. L. 103-189, Sec. 5(2), 8(k)(4)(B),

substituted ''Funds received'' for ''funds collected'' and a period

for semicolon at end.

Subsec. (g)(2). Pub. L. 103-189, Sec. 8(k)(4)(C), substituted

''No'' for ''no'' and a period for semicolon at end.

Subsec. (g)(3). Pub. L. 103-189, Sec. 5(2), 8(k)(4)(D),

substituted ''No'' for ''no'', ''received'' for ''collected'', and

a period for ''; and'' at end.

Subsec. (g)(4). Pub. L. 103-189, Sec. 8(e)(1), substituted

''Assessments'' for ''assessments'' and inserted ''in the case of

producers and handlers'' after ''such assessments''.

Subsec. (g)(5). Pub. L. 103-189, Sec. 8(e)(2), added par. (5).

Subsec. (h). Pub. L. 103-189, Sec. 7, 8(f), designated existing

provisions as par. (1), substituted ''Except as provided in

paragraph (2), the'' for ''The'', inserted ''(or importer who is

subject to the plan)'' after ''or handler'' the first two places

appearing, substituted '', handler, or importer paid the

assessment'' for ''or handler paid the assessment'', and added

pars. (2) and (3).

Subsec. (l). Pub. L. 103-189, Sec. 9(b), added subsec. (l).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4902, 4907, 4908 of this

title.

-CITE-

7 USC Sec. 4907 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4907. Permissive terms in plans

-STATUTE-

(a) Description of terms and provisions; prohibition

Any plan issued under this chapter may contain one or more of the

terms and provisions described in this section, but except as

provided in section 4906 of this title no others.

(b) Exemptions

The plan may provide for the exemption, from the provisions of

the plan, of watermelons used for nonfood uses, and authority for

the Board to establish satisfactory safeguards against improper use

of such exemption.

(c) Designation of different handler payment and reporting

schedules for assessments

The plan may provide for the designation of different handler

payment and reporting schedules with respect to assessments, as

provided for in sections 4906 and 4908 of this title, to recognize

differences in marketing practices and procedures used in different

production areas.

(d) Advertising and sales promotion programs or projects

The plan may provide for the establishment, issuance,

effectuation, and administration of appropriate programs or

projects for the advertising and other sales promotion of

watermelons and for the disbursement of necessary funds for such

purposes. Any such program or project shall be directed toward

increasing the general demand for watermelons, and promotional

activities shall comply with the provisions of section 4906(g) of

this title.

(e) Marketing objectives of research and development projects and

studies

The plan may provide for establishing and carrying out research

and development projects and studies to the end that the marketing

and use of watermelons may be encouraged, expanded, improved, or

made more efficient, and for the disbursement of necessary funds

for such purposes.

(f) Reserve funds; limitation

The plan may provide authority for the accumulation of reserve

funds from assessments collected under this chapter, to permit an

effective and continuous coordinated program of research,

development, advertising, and promotion in years when watermelon

production and assessment income may be reduced, except that the

total reserve fund may not exceed the amount budgeted for two years

operation.

(g) Foreign market sales

The plan may provide for the use of funds from assessments

collected under this chapter, with the approval of the Secretary,

for the development and expansion of sales of watermelons in

foreign markets.

(h) Other terms and conditions

The plan may contain 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 the

plan.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1648, Dec. 23, 1985, 99 Stat.

1625.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4906, 4912 of this title.

-CITE-

7 USC Sec. 4908 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4908. Assessment procedures

-STATUTE-

(a) Persons responsible for remittance of assessments;

recordkeeping; equal and unitary assessments

(1) Each handler required to pay assessments under a plan, as

provided for under section 4906(f) of this title, shall be

responsible for payment to the Board, as it may direct, of the

assessments. A handler also shall collect from any producer, or

shall deduct from the proceeds paid to any producer, on whose

watermelons a producer assessment is made, the assessments required

to be paid by the producer. The handler shall remit producer

assessments to the Board as the Board directs. Such handler shall

maintain a separate record with respect to each producer for whom

watermelons were handled. Such records shall indicate the total

quantity of watermelons handled by the handler, including those

handled for producers and for the handler, the total quantity of

watermelons handled by the handler that are included under the

terms of the plan, as well as those that are exempt under the plan,

and such other information as may be prescribed by the Board. To

facilitate the collection and payment of assessments, the Board may

designate different handlers or classes of handlers to recognize

differences in marketing practices or procedures used in any State

or area. The handler shall be assessed an equal amount as the

producer. No more than one assessment on a producer nor more than

one assessment on a handler shall be made on any watermelons.

(2)(A) If importers are subject to the plan, each importer

required to pay assessments under the plan shall be responsible for

payment of the assessment to the Board, as the Board may direct.

(B) The assessment on imported watermelons shall be equal to the

combined rate for domestic producers and handlers and shall be paid

by the importer to the Board at the time of the entry of the

watermelons into the United States.

(C) Each importer required to pay assessments under the plan

shall maintain a separate record that includes a record of -

(i) the total quantity of watermelons imported into the United

States that are included under the terms of the plan;

(ii) the total quantity of watermelons that are exempt from the

plan; and

(iii) such other information as may be prescribed by the Board.

(D) No more than 1 assessment shall be made on any imported

watermelon.

(b) Inspection of records

Handlers and importers responsible for payment of assessments

under subsection (a) of this section shall maintain and make

available for inspection by the Secretary such books and records as

required by the plan and file reports at the times, in the manner,

and having the content prescribed by the plan, to the end that

information and data shall be made available to the Board and to

the Secretary that is appropriate or necessary to the effectuation,

administration, or enforcement of this chapter or of any plan or

regulation issued under this chapter.

(c) Confidentiality of information; disclosure authority; general

or violation statements; penalties; removal from office

All information obtained under subsections (a) and (b) of this

section shall be kept confidential by all officers and employees of

the Department of Agriculture and of the Board, and only such

information so furnished or acquired as the Secretary deems

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

administrative hearing brought at the direction, or on the request,

of the Secretary, or to which the Secretary or any officer of the

United States is a party, and involving the plan with reference to

which the information to be disclosed was furnished or acquired.

Nothing in this subsection shall be deemed to prohibit -

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

a number of handlers or importers subject to a plan 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 plan together with a statement of the

particular provisions of the plan violated by such person.

Any such officer or employee violating the provisions of this

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

imprisonment for not more than one year, or both, and shall be

removed from office.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1649, Dec. 23, 1985, 99 Stat.

1626; Pub. L. 103-189, Sec. 8(g), Dec. 14, 1993, 107 Stat. 2262.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-189, Sec. 8(g)(1), designated

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

Subsec. (b). Pub. L. 103-189, Sec. 8(g)(2), inserted ''and

importers'' after ''Handlers''.

Subsec. (c)(1). Pub. L. 103-189, Sec. 8(g)(3), inserted ''or

importers'' after ''handlers''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4907, 4912 of this title.

-CITE-

7 USC Sec. 4909 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4909. Petition and review

-STATUTE-

(a) Any person subject to a plan may file a written petition with

the Secretary, stating that the plan or any provision of the plan,

or any obligation imposed in connection therewith, is not in

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

exempted therefrom. The person shall be given an opportunity for a

hearing on the petition, in accordance with regulations prescribed

by the Secretary. After the hearing, the Secretary shall make a

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

the law.

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

which the person is an inhabitant, or in which the person's

principal place of business is located, are hereby vested with

jurisdiction to review such ruling, provided that a complaint for

that purpose is filed within twenty days from the date of the entry

of the ruling. Service of process in such proceedings may be had

on the Secretary by delivering to the Secretary a copy of the

complaint. If the court determines that the ruling is not in

accordance with law, it shall remand the proceedings to the

Secretary with directions either to (1) make such ruling as the

court shall determine to be in accordance with law, or (2) take

such further proceedings as, in its opinion, the law requires. The

pendency of proceedings instituted under subsection (a) of this

section shall not impede or delay the United States or the

Secretary from obtaining relief under section 4910(a) (FOOTNOTE 1)

of this title.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1650, Dec. 23, 1985, 99 Stat.

1627.)

-REFTEXT-

REFERENCES IN TEXT

Section 4910(a) of this title, referred to in subsec. (b), was in

the original ''section 1851(a)'', a nonexistent section in Pub. L.

99-198, and has been translated as if the reference had been to

''section 1651(a)'' to reflect the probable intent of Congress.

-CITE-

7 USC Sec. 4910 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4910. Enforcement

-STATUTE-

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

with jurisdiction specifically to enforce, and to prevent and

restrain any person from violating, any plan or regulation made or

issued under this chapter. The facts relating to any civil action

that may be brought under this subsection shall be referred to the

Attorney General for appropriate action, except that 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 the

plan 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 the violations.

(b)(1) Any person who violates any provision of any plan or

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

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

of the person thereunder, may be assessed a civil penalty by the

Secretary of not less than $500 nor more than $5,000 for each

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 the person to cease and desist from

continuing the violation. No penalty shall be assessed nor cease

and desist order issued unless the person is given notice and

opportunity for a hearing before the Secretary with respect to the

violation. The order of the Secretary assessing a penalty or

imposing a cease and desist order shall be final and conclusive

unless the person affected by the order 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 after the date of the order and by simultaneously

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

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

the record on which the 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. Each day during which the 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. 99-198, title XVI, Sec. 1651, Dec. 23, 1985, 99 Stat.

1627.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4909 of this title.

-CITE-

7 USC Sec. 4911 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4911. Investigation and power to subpoena

-STATUTE-

(a) The Secretary may make such investigations as the Secretary

deems necessary to carry out effectively the Secretary's

responsibilities under this chapter or to determine whether a

person has engaged or is engaging in any acts or practices that

constitute a violation of any provision of this chapter, or of any

plan or regulation issued under this chapter. For the purpose of

an investigation, the Secretary may administer oaths and

affirmations, subpoena witnesses, compel their attendance, take

evidence, and require the production of any books, papers, and

documents that are relevant to the inquiry. The attendance of

witnesses and the production of records may be required from any

place in the United States. In case of contumacy by, or refusal to

obey a subpoena issued to, any person, including a handler (or an

importer who is subject to the plan), the Secretary may invoke the

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

which such investigation or proceeding is carried on, or where such

person resides or carries on business, in requiring the attendance

and testimony of witnesses and the production of books, papers, and

documents; and such court may issue an order requiring the person

to appear before the Secretary, there to produce records, if so

ordered, or to give testimony touching the matter under

investigation. Any failure to obey such order of the court may be

punished by the court as contempt thereof. All process in any such

case may be served in the judicial district in which the person is

an inhabitant or wherever the person may be found. The site of any

hearing held under this subsection shall be within the judicial

district in which the person is an inhabitant or in which the

person's principal place of business is located.

(b) No person shall be excused from attending and testifying or

from producing books, papers, and documents before the Secretary,

or in obedience to the subpoena of the Secretary, or in any cause

or proceeding, criminal or otherwise, based on, or growing out of,

any alleged violation of this chapter, or of any plan or regulation

issued thereunder, on the grounds that the testimony or evidence,

documentary or otherwise, required of the person may tend to

incriminate the person or subject the person to a penalty or

forfeiture. However, no person shall be prosecuted or subjected to

any penalty or forfeiture on account of any transaction, matter, or

thing concerning which the person is compelled, after having

claimed the person's privilege against self-incrimination, to

testify or produce evidence, documentary or otherwise, except that

any individual so testifying shall not be exempt from prosecution

and punishment for perjury committed in so testifying.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1652, Dec. 23, 1985, 99 Stat.

1628; Pub. L. 103-189, Sec. 8(h), Dec. 14, 1993, 107 Stat. 2262.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-189, in first sentence,

substituted ''a person'' for ''a handler or any other person'', in

fourth sentence, inserted ''(or an importer who is subject to the

plan)'' after ''a handler'', and in last sentence, substituted

''the person'' for ''the handler or other person''.

-CITE-

7 USC Sec. 4912 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4912. Requirement of referendum

-STATUTE-

(a) The Secretary shall conduct a referendum among producers,

handlers, and importers not exempt under sections 4902(5) and

4907(b) of this title who, during a representative period

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

handling, or importing of watermelons, for the purpose of

ascertaining whether the issuance of a plan is approved or favored

by producers, handlers, and importers. The ballots and other

information or reports that reveal or tend to reveal the vote of

any producer, handler, or importer or the person's volume of

watermelons produced, handled, or imported shall be held strictly

confidential and shall not be disclosed. Any officer or employee

of the Department of Agriculture violating the provisions hereof

shall be subject to the penalties provided in section 4908(c) of

this title.

(b) A plan issued under this chapter shall not take effect unless

the Secretary determines that the issuance of the plan is approved

or favored by a majority of the producers and handlers (and

importers who are subject to the plan) voting in the referendum.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1653, Dec. 23, 1985, 99 Stat.

1629; Pub. L. 103-189, Sec. 2, 8(i), Dec. 14, 1993, 107 Stat. 2259,

2262.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-189 designated existing provisions as subsec.

(a), added subsec. (b), and in subsec. (a) substituted '',

handlers, and importers'' for ''and handlers'' in two places and

'', handling, or importing'' for ''or handling'' in first sentence,

substituted '', handler, or importer'' for ''or handler'' and '',

handled, or imported'' for ''or handled'' in sentence beginning

with ''The ballots'', and struck out after first sentence ''The

referendum shall be conducted at the county extension offices. No

plan issued under this chapter shall be effective unless the

Secretary determines that the issuance of the plan is approved or

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

voting in such referendum, or by the producers and handlers of not

less than two-thirds of the watermelons produced and handled during

the representative period by producers and handlers voting in such

referendum, and by not less than a majority of the producers and a

majority of the handlers voting in the referendum.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4914 of this title.

-CITE-

7 USC Sec. 4913 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4913. Suspension or termination of plans

-STATUTE-

(a) Whenever the Secretary finds that a plan or any provision

thereof obstructs or does not tend to effectuate the declared

policy of this chapter, the Secretary shall terminate or suspend

the operation of the plan or provision.

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

hold a referendum on request of the Board or at least 10 percent of

the combined total of the watermelon producers, handlers, and

importers eligible to vote in a referendum, to determine if

watermelon producers, handlers, and importers favor the termination

or suspension of the plan. The Secretary shall terminate or

suspend the plan at the end of the marketing year whenever the

Secretary determines that the termination or suspension is favored

by a majority of those voting in the referendum, and who produce,

handle, or import more than 50 per cent of the combined total of

the volume of the watermelons produced by the producers, handled by

the handlers, or imported by the importers voting in the

referendum.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1654, Dec. 23, 1985, 99 Stat.

1630; Pub. L. 103-189, Sec. 8(j), Dec. 14, 1993, 107 Stat. 2263.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-189, Sec. 8(j)(3), struck out at

end ''Any such referendum shall be conducted at county extension

offices.''

Pub. L. 103-189, Sec. 8(j)(2)(C), which directed the substitution

of '', handled by the handlers, or imported by the importers'' for

''or handled by the handlers,'' in second sentence, was executed by

making the substitution in text which did not contain a comma after

the word ''handlers'', to reflect the probable intent of Congress.

Pub. L. 103-189, Sec. 8(j)(1)-(2)(B), in first sentence,

substituted ''at least 10 percent of the combined total'' for ''10

per centum or more'' and '', handlers, and importers'' for ''and

handlers'' in two places, and in second sentence, substituted '',

handle, or import'' for ''or handle'' and ''50 percent of the

combined total'' for ''50 per centum''.

-CITE-

7 USC Sec. 4914 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4914. Amendment procedure

-STATUTE-

(a) In general

Before a plan issued by the Secretary under this chapter may be

amended, the Secretary shall publish the proposed amendments for

public comment and conduct a referendum in accordance with section

4912 of this title.

(b) Separate consideration of amendments

(1) In general

The amendments described in paragraph (2) that are required to

be made by the Secretary to a plan as a result of the amendments

made by the Watermelon Research and Promotion Improvement Act of

1993 shall be subject to separate line item voting and approval

in a referendum conducted pursuant to section 4912 of this title

before the Secretary alters the plan as in effect on the day

before December 14, 1993.

(2) Amendments

The amendments referred to in paragraph (1) are the amendments

to a plan required under -

(A) section 7 of the Watermelon Research and Promotion

Improvement Act of 1993 relating to the elimination of the

assessment refund; and

(B) section 8 of such Act relating to subjecting importers to

the terms and conditions of the plan.

(3) Importers

When conducting the referendum relating to subjecting importers

to the terms and conditions of a plan, the Secretary shall

include as eligible voters in the referendum producers, handlers,

and importers who would be subject to the plan if the amendments

to a plan were approved.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1655, Dec. 23, 1985, 99 Stat.

1630; Pub. L. 103-189, Sec. 10, Dec. 14, 1993, 107 Stat. 2264.)

-REFTEXT-

REFERENCES IN TEXT

The Watermelon Research and Promotion Improvement Act of 1993,

referred to in subsec. (b)(1), (2), is Pub. L. 103-189, Dec. 14,

1993, 107 Stat. 2259, which amended this section and sections 4901

to 4904, 4906, 4908, and 4911 to 4913 of this title, and enacted

provisions set out as a note under section 4901 of this title.

Section 7 of the Act amended section 4906 of this title. Section 8

of the Act amended sections 4901 to 4904, 4906, 4908, and 4911 to

4913 of this title. For complete classification of this Act to the

Code, see Short Title of 1993 Amendment note set out under section

4901 of this title and Tables.

-MISC2-

AMENDMENTS

1993 - Pub. L. 103-189 amended section generally. Prior to

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

chapter applicable to plans shall be applicable to amendments to

plans.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4906 of this title.

-CITE-

7 USC Sec. 4915 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4915. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

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

remainder of this chapter and the application of such provision to

other persons and circumstances shall not be affected thereby.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1656, Dec. 23, 1985, 99 Stat.

1630.)

-CITE-

7 USC Sec. 4916 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-

Sec. 4916. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as are

necessary to carry out the provisions of this chapter, except that

the funds so appropriated shall not be available for the payment of

any expenses or expenditures of the Board in administering any

provision of any plan issued under authority of this chapter.

-SOURCE-

(Pub. L. 99-198, title XVI, Sec. 1657, Dec. 23, 1985, 99 Stat.

1630.)

-CITE-