-CITE-

7 USC CHAPTER 89 - PECAN PROMOTION AND RESEARCH 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

.

-HEAD-

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-MISC1-

Sec.

6001. Findings and declaration of policy.

(a) Findings.

(b) Policy.

(c) Construction.

6002. Definitions.

6003. Issuance of plans.

(a) In general.

(b) Procedure.

(c) Amendments.

6004. Regulations.

6005. Required terms in plans.

(a) In general.

(b) Pecan Marketing Board.

(c) Powers and duties of Board.

(d) Programs and budgets.

(e) Contracts and agreements.

(f) Books and records of Board.

(g) Prohibition.

(h) Books and records.

(i) Use of assessments.

(j) Other terms and conditions.

6006. Permissive terms in plans.

(a) In general.

(b) Exemptions.

(c) Different payment and reporting schedules.

(d) Promotion.

(e) Research and information.

(f) Reserve funds.

(g) Foreign markets.

6007. Assessments.

(a) In general.

(b) Limitation on assessments.

(c) Remitting assessments.

(d) Assessment rate.

(e) Late-payment charge.

(f) Refund of assessments from escrow account.

6008. Petition and review.

(a) Petition.

(b) Review.

6009. Enforcement.

(a) Jurisdiction.

(b) Referral to Attorney General.

(c) Civil penalties and orders.

(d) Review by district court.

(e) Failure to obey orders.

(f) Failure to pay penalty.

6010. Investigations and power to subpoena.

(a) In general.

(b) Power to subpoena.

(c) Aid of courts.

(d) Contempt.

(e) Process.

(f) Hearing site.

6011. Requirement of referendum.

(a) In general.

(b) Other referenda.

(c) Costs of referendum.

(d) Manner.

6012. Suspension or termination of plan.

(a) Mandatory suspension or termination.

(b) Suspension or termination.

(c) Limitation.

6013. Authorization of appropriations.

(a) In general.

(b) Administrative expenses.

-CITE-

7 USC Sec. 6001 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6001. Findings and declaration of policy

-STATUTE-

(a) Findings

Congress finds that -

(1) pecans are a native American nut that is an important food,

and is a valuable part of the human diet;

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

economy of the United States in that pecans are produced by

thousands of pecan producers, shelled and processed by numerous

shellers and processors, and pecans produced in the United States

are consumed by millions of people throughout the United States

and foreign countries;

(3) pecans must be high quality, readily available, handled

properly, and marketed efficiently to ensure that consumers have

an adequate supply of pecans;

(4) the maintenance and expansion of existing markets and

development of new markets for pecans are vital to the welfare of

pecan producers and those concerned with marketing, using, and

producing pecans, as well as to the general economy of the United

States, and necessary to ensure the ready availability and

efficient marketing of pecans;

(5) there exist established State organizations conducting

pecan promotion, research, and industry and consumer education

programs that are invaluable to the efforts of promoting the

consumption of pecans;

(6) the cooperative development, financing, and implementation

of a coordinated national program of pecan promotion, research,

industry information, and consumer information are necessary to

maintain and expand existing markets and develop new markets for

pecans; and

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

that do not move in such channels of commerce directly burden or

affect interstate commerce in pecans.

(b) Policy

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

public interest to authorize the establishment, through the

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

procedure for developing, financing (through adequate assessments

on pecans produced or imported into the United States), and

carrying out an effective, continuous, coordinated program of

promotion, research, industry information, and consumer information

designed to -

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

marketplace;

(2) maintain and expand existing domestic and foreign markets

and uses for pecans; and

(3) develop new markets and uses for pecans.

(c) Construction

Nothing in this chapter may be construed to provide for the

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

produce pecans.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1906, Nov. 28, 1990, 104 Stat.

3838.)

-MISC1-

SHORT TITLE

Section 1901 of title XIX of Pub. L. 101-624, as amended by Pub.

L. 102-237, title VIII, Sec. 801, Dec. 13, 1991, 105 Stat. 1882,

provided that: ''This title (enacting this chapter and chapters 90

to 93 of this title and sections 2109, 2278, and 4610a of this

title, amending sections 1787, 2101, 2106 to 2108, 2110, 2116, 2611

to 2614, 2617 to 2619, 2622 to 2624, 4602, 4606, 4608, and 4612 of

this title, and enacting provisions set out as notes under sections

2101, 2611, 2625, 4601, and 4603 of this title) may be cited as the

'Agricultural Promotion Programs Act of 1990'.''

Section 1905 of Pub. L. 101-624 provided that: ''This subtitle

(subtitle A (Sec. 1905-1918) of title XIX of Pub. L. 101-624,

enacting this chapter) may be cited as the 'Pecan Promotion and

Research Act of 1990'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6003, 6005 of this title.

-CITE-

7 USC Sec. 6002 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6002. Definitions

-STATUTE-

As used in this chapter -

(1) Board

The term ''Board'' means the Pecan Marketing Board established

in section 6005(b) of this title.

(2) Commerce

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

commerce.

(3) Conflict of interest

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

member has a direct or indirect financial interest in a

corporation, partnership, sole proprietorship, joint venture, or

other business entity dealing directly or indirectly with the

Board.

(4) Consumer information

The term ''consumer information'' means information and

programs that will assist consumers and other persons in making

evaluations and decisions regarding the purchase, preparation,

and use of pecans.

(5) Department

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

(6) District

The term ''district'' means a geographical area of the United

States, as determined by the Board and approved by the Secretary,

in which there is produced approximately one-fourth of the volume

of pecans produced in the United States.

(7) First handler

The term ''first handler'' means the first person who buys or

takes possession of pecans from a grower for marketing. If a

grower markets pecans directly to consumers, such grower shall be

considered the first handler with respect to pecans grown by such

grower.

(8) Grower

The term ''grower'' means any person engaged in the production

and sale of pecans in the United States who owns, or who shares

the ownership and risk of loss of, such pecans.

(9) Grower-sheller

The term ''grower-sheller'' means a person who -

(A) shells pecans, or has pecans shelled for such person, in

the United States; and

(B) during the immediately previous year, grew 50 percent or

more of the pecans such person shelled or had shelled for such

person.

(10) Handle

The term ''handle'' means receipt of in-shell pecans by a

sheller or first handler, including pecans produced by such

sheller or first handler.

(11) Importer

The term ''importer'' means any person who imports pecans from

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

(12) Industry information

The term ''industry information'' means information and

programs that will lead to the development of new markets and

marketing strategies, increased efficiency, and activities to

enhance the image of the pecan industry.

(13) In-shell pecan

The term ''in-shell pecan'' means a pecan that has a shell that

has not been removed.

(14) To market

The term ''to market'' means to sell or offer to dispose of

pecans in any channel of commerce.

(15) Member

The term ''member'' means a member of the Board.

(16) Pecan

The term ''pecan'' means the nut of the pecan tree carya

illinoensis.

(17) Person

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

partnership, corporation, association, cooperative, or any other

entity.

(18) Plan

The term ''plan'' means a plan issued under section 6003 of

this title.

(19) Promotion

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

pursuant to this chapter, to present a favorable image of pecans

to the public with the express intent of improving the

competitive position of pecans in the marketplace and stimulating

sales of pecans, including paid advertising.

(20) Research

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

analysis designed to advance the image, desirability, usage,

marketability, production, product development, or quality of

pecans.

(21) Secretary

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

(22) Shell

The term ''shell'' means to remove the shell from an in-shell

pecan.

(23) Shelled pecan

The term ''shelled pecan'' means a pecan kernel, or portion of

a kernel, after the pecan shell has been removed.

(24) Sheller

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

(A) shells pecans or has pecans shelled for the account of

such person; and

(B) during the immediately previous year, purchased more than

50 percent of the pecans such person shelled or had shelled for

such account.

(25) State

The term ''State'' means any of the several States, the

District of Columbia and the Commonwealth of Puerto Rico.

(26) United States

The term ''United States'' means collectively the several

States, the District of Columbia, and the Commonwealth of Puerto

Rico.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1907, Nov. 28, 1990, 104 Stat.

3839; Pub. L. 102-237, title VIII, Sec. 802(1), Dec. 13, 1991, 105

Stat. 1882.)

-MISC1-

AMENDMENTS

1991 - Par. (22). Pub. L. 102-237 substituted ''in-shell'' for

''inshell''.

-CITE-

7 USC Sec. 6003 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6003. Issuance of plans

-STATUTE-

(a) In general

To effectuate the declared policy of section 6001(b) of this

title, the Secretary shall, subject to this chapter, issue and from

time to time amend, plans applicable to growers, grower-shellers,

shellers, first handlers, and importers of pecans. Any such plan

shall be national in scope. Not more than one plan shall be in

effect under this chapter at any one time.

(b) Procedure

(1) Proposal for issuance of plan

The Secretary may propose the issuance of a plan under this

chapter, or an association of pecan growers or grower-shellers or

any other person that will be affected by this chapter may

request the issuance of, and submit a proposal for, such a plan.

(2) Proposed plan

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

proposal by an interested person for a plan, or when the

Secretary determines to propose a plan, the Secretary shall

publish a proposed plan and give due notice and opportunity for

public comment on the proposed plan.

(3) Issuance of plan

After notice and opportunity for public comment are given, as

provided in paragraph (2), the Secretary shall issue a plan,

taking into consideration the comments received and including in

the plan provisions necessary to ensure that the plan is in

conformity with the requirements of this chapter.

(4) Effective date of plan

Such plan shall be issued and become effective not later than

150 days following publication of the proposed plan.

(c) Amendments

The Secretary, from time to time, may amend any plan issued under

this section. The provisions of this chapter applicable to a plan

shall be applicable to amendments to a plan.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1908, Nov. 28, 1990, 104 Stat.

3841.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6002, 6007, 6011 of this

title.

-CITE-

7 USC Sec. 6004 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6004. Regulations

-STATUTE-

The Secretary may issue such regulations as are necessary to

carry out this chapter.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1909, Nov. 28, 1990, 104 Stat.

3841.)

-CITE-

7 USC Sec. 6005 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6005. Required terms in plans

-STATUTE-

(a) In general

Each plan issued under this chapter shall contain the terms and

conditions prescribed in this section.

(b) Pecan Marketing Board

(1) Establishment

The plan shall establish a Pecan Marketing Board to carry out

the program referred to in section 6001(b) of this title.

(2) Service to entire industry

The Board shall carry out programs and projects that will

provide maximum benefit to the pecan industry in all parts of the

United States and only generically promote pecans.

(3) Board membership

The Board shall consist of 15 members, including -

(A) 8 members who are growers;

(B) 4 members who are shellers;

(C) one member who is a first handler and who derives over 50

percent of the member's gross income from buying and selling

pecans;

(D) one member who is an importer of pecans into the United

States, nominated by the Board;

(E) one member representing the general public, nominated by

the Board; and

(F) at the option of the Board, a consultant or advisor

representing the views of pecan producers in a country other

than the United States who may be chosen to attend Board

functions as a nonvoting member.

(4) Representation of members

(A) Grower representatives

Of the growers referred to in paragraph (3)(A), 2 members

shall be from each district.

(B) Sheller representatives

Of the shellers referred to in paragraph (3)(B) -

(i) 2 members shall be selected from among shellers whose

place of residence is east of the Mississippi River; and

(ii) 2 members shall be selected from among shellers whose

place of residence is west of the Mississippi River.

(C) First handler representative

The first handler representative on the Board referred to in

paragraph (3)(C) shall be selected from among first handlers

whose place of residence is in a district.

(D) Importer representative

The importer representative on the Board referred to in

paragraph (3)(D) shall be an individual who imports pecans into

the United States.

(E) Public representative

The public representative on the Board referred to in

paragraph (3)(E) shall not be a grower, grower-sheller,

sheller, first handler, or importer.

(5) Alternate for each member

Each member of the Board shall have an alternate with the same

qualifications as the member such alternate would replace.

(6) Limitation on State residence

There shall be no more than one member from each State in each

district, except that the State of Georgia may have 2 growers

from such State representing the district that it is in.

(7) Modifying Board membership

In accordance with regulations approved by the Secretary, at

least once each 3 years and not more than once each 2 years, the

Board shall -

(A) review the geographic distribution of pecan production

throughout the United States; and

(B) if warranted, recommend to the Secretary that the

Secretary reapportion a district in order to reflect the

geographic distribution of pecan production.

(8) Selection process for members

(A) Publicity

The Board shall give reasonable publicity to the industry for

nomination of persons interested in being nominated for Board

membership.

(B) Eligibility

Each grower and sheller shall be eligible to vote for the

nomination of members who represent that class of members on

the Board. Growers shall be eligible to vote for the nomination

of the first handler members on the Board.

(C) Selection of nominees

Each person referred to in subparagraph (B) shall have one

vote. The 2 eligible candidates receiving the largest number

of votes cast for each Board position for each class of members

shall be the nominees for such position.

(D) Certification

Except for the establishment of the initial Board, the

nominations made under subparagraph (C) and subsections

(b)(3)(D) and (b)(3)(E) of this section shall be certified by

the Board and submitted to the Secretary no later than May 1 or

such other date recommended by the Board and approved by the

Secretary preceding the commencement of the term of office for

Board membership, as established in paragraph (9).

(E) Appointment

To each vacant Board position, the Secretary shall appoint 1

individual from among the nominees certified and submitted

under subparagraph (D).

(F) Rejection of nominees

The Secretary may reject any nominee submitted under

subparagraph (D). If there are insufficient nominees from which

to appoint members to the Board as a result of the Secretary's

rejecting such nominees, additional nominees shall be submitted

to the Secretary in the same manner.

(G) Initial Board

The Secretary shall establish an initial Board from among

nominations solicited by the Secretary. For the purpose of

obtaining nominations for the members of the initial Board

described in subparagraphs (A), (B), and (C) of paragraph (3),

the Secretary shall perform the functions of the Board under

this subsection as the Secretary determines necessary and

appropriate. Nominations for those members of the initial

Board described in subparagraphs (D) and (E) of paragraph (3)

shall be made in accordance with paragraph (3).

(H) Failure to nominate

If growers and shellers fail to nominate individuals for

appointment, the Secretary may appoint members on a basis

provided for in the plan. If the Board fails to nominate an

importer or a public representative, such member may be

appointed without a nomination.

(9) Terms of office

(A) In general

The members of the Board shall serve for a term of 3 years,

except that the members appointed to the initial Board

established under paragraph (8)(G) shall serve,

proportionately, for terms of 1, 2, and 3 years, as determined

by the Secretary.

(B) Termination of terms

Notwithstanding subparagraph (C), each member shall continue

to serve until a successor is appointed by the Secretary.

(C) Limitation on terms

No individual may serve more than 2 consecutive 3-year terms

as a member.

(D) Vacancies

(i) Submitting nominations

To fill any vacancy created by the death, removal,

resignation, or disqualification of any member of the Board,

the Secretary shall request that at least 2 eligible

nominations for a successor for each such vacancy be

submitted by the Board in the manner provided in paragraph

(8).

(ii) Lack of nominations

If at least 2 eligible nominations are not submitted under

clause (i), the Secretary shall determine the manner of

submission of nominations for the vacancy.

(10) Compensation

A member of the Board shall serve without compensation, but

shall be reimbursed for necessary and reasonable expenses

incurred in the performance of duties for and approved by the

Board.

(c) Powers and duties of Board

The plan shall define the powers and duties of the Board, which

shall include the power and duty -

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

conditions;

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

of the plan;

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

Board a chairperson, other officers, and committees and

subcommittees, as the Board determines appropriate;

(4) to establish working committees of persons other than Board

members;

(5) to employ such persons, other than Board members, as the

Board considers necessary and to determine the compensation and

define the duties of such persons;

(6) to prepare and submit for the approval of the Secretary,

prior to the beginning of each fiscal period, a recommended rate

of assessment under section 6007 of this title, and a fiscal

period budget of the anticipated expenses in the administration

of the plan, including the probable costs of all programs and

projects;

(7) to develop programs and projects, subject to subsection (d)

of this section;

(8) to enter into contracts or agreements, subject to

subsection (e) of this section, to develop and carry out programs

or projects of promotion, research, industry information and

consumer information;

(9) to carry out research, promotion, industry information, and

consumer information, and to pay the costs of such projects with

assessments collected pursuant to section 6007 of this title;

(10) to keep minutes, books, and records that reflect the

actions and transactions of the Board, and promptly report

minutes of each Board meeting to the Secretary;

(11) to appoint and convene, from time to time, working

committees comprised of growers, grower-shellers, first handlers,

shellers, importers, and the public to assist in the development

of research, promotion, industry information, and consumer

information programs for pecans;

(12) to invest, pending disbursement under a program or

project, funds collected through assessments authorized under

this chapter, only in -

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

(B) general obligations of any State or any political

subdivision thereof;

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

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

(D) obligations fully guaranteed as to principal and interest

by the United States;

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

any purpose for which the invested funds may be used;

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

complaints of violations of the plan;

(14) to furnish the Secretary with such information as the

Secretary may request;

(15) to recommend to the Secretary amendments to the plan; and

(16) to develop and recommend to the Secretary for approval

such regulations as may be necessary for the development and

execution of programs or projects, or as may otherwise be

necessary, to carry out the plan.

(d) Programs and budgets

(1) Submission to Secretary

The plan shall provide that the Board shall submit to the

Secretary for approval any program or project of promotion,

research, consumer information, or industry information. No

program or project shall be implemented prior to its approval by

the Secretary.

(2) Budgets

The plan shall require the Board, prior to the beginning of

each fiscal year, or as may be necessary after the beginning of

such fiscal year, to submit to the Secretary for approval budgets

of its anticipated expenses (including reimbursements under

subsection (b)(10) of this section) and disbursements in the

implementation of the plan, including projected costs of

promotion, research, consumer information, and industry

information programs and projects.

(3) Incurring expenses

The Board may incur such expenses for programs or projects of

research, promotion, consumer information, or industry

information, and other expenses for the administration,

maintenance, and functioning of the Board as may be authorized by

the Secretary, including any implementation, administrative, and

referendum costs incurred by the Department.

(4) Paying expenses

The funds to cover the expenses referred to in paragraph (3)

shall be paid by the Board from assessments collected under

section 6007 of this title or funds borrowed pursuant to

paragraph (5).

(5) Authority to borrow

In order to meet the expenses referred to in paragraph (3), the

Board shall have the authority to borrow funds, as approved by

the Secretary, for capital outlays and startup costs.

(6) Limitation on spending

Effective on the date that is 3 years after the date of the

establishment of the Board, the Board shall not spend in excess

of 20 percent of the assessments collected under section 6007 of

this title for administration of the Board.

(e) Contracts and agreements

(1) In general

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

the Board may enter into contracts or agreements for the

implementation and carrying out of programs or projects of pecan

promotion, research, consumer information, or industry

information, including contracts with grower and grower-sheller

organizations, and for the payment of the cost thereof with funds

received by the Board under the plan.

(2) Requirements

Any such contract or agreement shall provide that -

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

Board a program or project together with a budget or budgets

that shall show estimated costs to be incurred for such program

or project;

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

approval of the Secretary; and

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

of its transactions, account for funds received and expended,

make periodic reports to the Board of activities conducted, and

make such other reports as the Board or the Secretary may

require.

(3) Grower and grower-sheller organizations

The plan shall provide that the Board may contract with grower

and grower-sheller organizations for any other services. Any

such contract shall include provisions comparable to those

required by paragraph (2).

(f) Books and records of Board

(1) In general

The plan shall require the Board to -

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

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

prescribe;

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

such reports as the Secretary may prescribe; and

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

entrusted to the Board.

(2) Audits

The Board shall cause its books and records to be audited by an

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

of such audit to be submitted to the Secretary.

(g) Prohibition

The Board shall not engage in any action to, nor shall any funds

received by the Board under this chapter be used to -

(1) influence legislation or governmental action, other than

recommending to the Secretary amendments to the plan;

(2) engage in any action that would be a conflict of interest;

or

(3) engage in any advertising that may be false or misleading.

(h) Books and records

(1) In general

The plan shall require that each first handler, grower-sheller,

or importer shall -

(A) maintain and submit to the Board any reports considered

necessary by the Secretary to ensure compliance with this

chapter; and

(B) make available during normal business hours, for

inspection by employees of the Board or Secretary, such books

and records as are necessary to carry out this chapter,

including such records as are necessary to verify any required

reports.

(2) Time requirement

The records required under paragraph (1) shall be maintained

for 2 years beyond the fiscal period of the applicability of such

records.

(3) Confidentiality

(A) In general

Except as otherwise provided in this chapter, all information

obtained from books, records, or reports required to be

maintained under paragraph (1) shall be kept confidential, and

shall not be disclosed to the public by any person.

(B) Disclosure

Information referred to in subparagraph (A) may be disclosed

to the public only if -

(i) the Secretary considers the information relevant;

(ii) the information is revealed 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 Department is a party; and

(iii) the information relates to this chapter.

(C) Misconduct

Any disclosure of confidential information in violation of

subparagraph (A) by any Board member or employee of the Board,

except as required by other law or allowed under subparagraph

(B) or (D), shall be considered a violation of this chapter.

(D) General statements

Nothing in this paragraph may be construed to prohibit -

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

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

statistical data collected therefrom, which statements do not

identify the information furnished by any person; or

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

name of any person violating the plan, together with a

statement of the particular provisions of the plan violated

by such person.

(4) Availability of information

(A) Exception

Except as provided in this chapter, information obtained

under this chapter may be made available to another agency of

the Federal Government for a civil or criminal law enforcement

activity if the activity is authorized by law and if the head

of the agency has made a written request to the Secretary

specifying the particular information desired and the law

enforcement activity for which the information is sought.

(B) Penalty

Any person knowingly violating this subsection, on

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

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

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

removed from office.

(5) Withholding information

Nothing in this chapter shall be construed to authorize the

withholding of information from Congress.

(i) Use of assessments

The plan shall provide that the assessments collected under

section 6007 of this title shall be used for payment of the

expenses in implementing and administering this chapter, with

provision for a reasonable reserve, and to cover those

administrative costs incurred by the Secretary in implementing and

administering this chapter, except for the salaries of Government

employees incurred in conducting referenda.

(j) Other terms and conditions

The plan also shall contain such terms and conditions, not

inconsistent with this chapter, as determined necessary by the

Secretary to effectuate this chapter.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1910, Nov. 28, 1990, 104 Stat.

3841; Pub. L. 102-237, title VIII, Sec. 802(2), Dec. 13, 1991, 105

Stat. 1882.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b)(8)(G). Pub. L. 102-237 substituted

''subparagraphs (A), (B), and (C) of paragraph (3),'' for

''paragraph 3(A), (B), and (C),'' and ''subparagraphs (D) and (E)

of paragraph (3)'' for ''paragraph (3)(D) and (E)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6002 of this title.

-CITE-

7 USC Sec. 6006 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6006. Permissive terms in plans

-STATUTE-

(a) In general

A plan issued pursuant to this chapter may contain one or more of

the terms and conditions contained in this section.

(b) Exemptions

The plan may provide authority to exempt from the plan pecans

used for nonfood uses and authority for the Board to require

satisfactory safeguards against improper uses of such exemptions.

(c) Different payment and reporting schedules

The plan may provide authority to designate different payment and

reporting schedules for growers, grower-shellers, first handlers

and importers to recognize differences in marketing practices and

procedures utilized in different production areas.

(d) Promotion

The plan may provide for the establishment, issuance,

effectuation, and administration of appropriate programs or

projects for the promotion of pecans and for the disbursement of

necessary funds for such purposes, except that -

(1) any such program or project shall be directed toward

increasing the general demand for pecans; and

(2) such promotional activities shall comply with other

restrictions on the use of funds that are established under this

chapter.

(e) Research and information

The plan may provide for establishing and carrying on research,

consumer information, and industry information projects and studies

to the end that the marketing and utilization of pecans may be

encouraged, expanded, improved, or made more efficient, and for the

disbursement of necessary funds for such purposes.

(f) Reserve funds

The plan may provide authority to accumulate reserve funds from

assessments collected pursuant to this chapter, to permit an

effective and continuous coordinated program of research, consumer

information, industry information and promotion in years when the

production and assessment income may be reduced, except that the

total reserve fund may not exceed the amount budgeted for the

operation of the plan for 2 years.

(g) Foreign markets

The plan may provide authority to use funds collected under this

chapter, with the approval of the Secretary, for the development

and expansion of pecan sales in foreign markets.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1911, Nov. 28, 1990, 104 Stat.

3847.)

-CITE-

7 USC Sec. 6007 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6007. Assessments

-STATUTE-

(a) In general

During the effective period of a plan issued pursuant to this

chapter, assessments shall be -

(1) levied on all pecans produced in, and all pecans imported

into, the United States and marketed; and

(2) deducted from the payment made to a grower for all pecans

sold to a first handler.

(b) Limitation on assessments

No more than one assessment may be assessed under subsection (a)

of this section on a grower (as remitted by a first handler),

grower-sheller, or importer, for any lot of pecans handled or

imported.

(c) Remitting assessments

(1) In general

Assessments required under subsection (a) of this section shall

be remitted to the Board by -

(A) a first handler; and

(B) an importer.

(2) Times to remit assessment

(A) First handlers

Each first handler who is not a grower-sheller and who is

required to remit an assessment under paragraph (1) shall remit

such assessment to the Board no later than the last day of the

month following the month that the pecans being assessed were

purchased or marketed by such first handler.

(B) Grower-shellers

Each first handler who is a grower-sheller and who is

required to remit an assessment under paragraph (1) shall remit

such assessment to the Board, to the extent practicable, in

payments of one-third of the total annual amount of such

assessment due to the Board on January 31, March 31, and May

10, or such dates as may be recommended by the Board and

approved by the Secretary, during the fiscal year that the

pecans being assessed were harvested.

(C) Importers

Importers of pecans into the United States shall pay the

assessment at the time the pecans enter the United States and

shall remit such assessment to the Board.

(d) Assessment rate

(1) In general

Except as provided in paragraph (2), assessment rates shall be

recommended by the Board and approved by the Secretary, except

that the maximum assessment shall not exceed -

(A) during the period commencing on the effective date of the

issuance of a plan and ending on the date the referendum is

conducted under section 6011(a) of this title, one-half cent

per pound for in-shell pecans as determined by the Board and

approved by the Secretary; and

(B) after such period, 2 cents per pound for in-shell pecans.

(2) Adjusting rate for shelled pecans

The rate of assessment of shelled pecans shall be twice the

rate established for in-shell pecans pursuant to paragraph (1).

(3) Special State assessment

(A) In general

Notwithstanding any other provision of this chapter, with the

approval of the Secretary and if authorized by State law and

requested by such State, a special assessment of one-quarter

cent per pound for in-shell pecans, and an appropriate

per-pound assessment for shelled pecans as adjusted under

paragraph (2), shall be remitted to the Board for the purpose

of utilizing such funds by a State pecan marketing board for

research projects to promote pecans pursuant to State law.

(B) Collection and remittance

The Board shall collect such assessments and upon receipt of

such assessments shall remit such assessments to the State,

within a time period mutually agreed upon between the State and

the Board, and approved by the Secretary. In the collection of

such State assessments, neither the Board nor the Secretary

shall in any manner enforce the collection or remittance of any

such payment by producers of such State assessments or

investigate nonpayment of such State assessments, except to

provide to a State the names of growers from whom such

assessments were collected and the respective amounts of

assessments collected.

(C) Regulations

The Secretary is authorized to make such regulations as may

be necessary to carry out the provisions of this section.

(e) Late-payment charge

(1) In general

There shall be a late-payment charge imposed on any person who

fails to remit, on or before the due date established by the

Board under subsection (c)(2) of this section, to the Board the

total amount for which such person is liable.

(2) Amount of charge

The amount of the late-payment charge imposed under paragraph

(1) shall be prescribed by the Board with the approval of the

Secretary.

(f) Refund of assessments from escrow account

(1) Establishment of escrow account

During the period beginning on the effective date of a plan

first issued under section 6003 of this title and ending on the

date the referendum is conducted under section 6011(a) of this

title, the Board shall -

(A) establish an escrow account to be used for assessment

refunds; and

(B) place funds in such account in accordance with paragraph

(2).

(2) Placement of funds in account

The Board shall place in such account, from assessments

collected during the period referred to in paragraph (1), an

amount equal to the product obtained by multiplying the total

amount of assessments collected during such period by 10 percent.

(3) Right to receive refund

Subject to paragraphs (4), (5), and (6), any grower,

grower-sheller, or importer shall have the right to demand and

receive from the Board a one-time refund of assessments paid by

or on behalf of such grower, grower-sheller, or importer during

the period referred to in paragraph (1) if -

(A) such grower, grower-sheller, or importer is required to

pay such assessments;

(B) such grower, grower-sheller, or importer does not support

the program established under this chapter;

(C) such grower, grower-sheller, or importer demands such

refund prior to the conduct of the referendum under section

6011(a) of this title; and

(D) the plan is not approved pursuant to the referendum

conducted under section 6011(a) of this title.

(4) Form of demand

Such demand shall be made in accordance with regulations, on a

form, and within a time period prescribed by the Board.

(5) Making of refund

Such refund shall be made on submission of proof satisfactory

to the Board that such grower, grower-sheller, or importer paid

the assessment for which refund is demanded.

(6) Proration

If -

(A) the amount in the escrow account required by paragraph

(1) is not sufficient to refund the total amount of assessments

demanded by eligible growers, grower-shellers, or importers;

and

(B) the plan is not approved pursuant to the referendum

conducted under section 6011(a) of this title;

the Board shall prorate the amount of such refunds among all

eligible growers, grower-shellers, and importers who demand such

refund.

(7) Program approved

If the plan is approved pursuant to the referendum conducted

under section 6011(a) of this title, all funds in the escrow

account shall be returned to the Board for use by the Board in

accordance with this chapter.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1912, Nov. 28, 1990, 104 Stat.

3848.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6005 of this title.

-CITE-

7 USC Sec. 6008 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6008. Petition and review

-STATUTE-

(a) Petition

(1) In general

A person subject to a plan issued under this chapter may file

with the Secretary a petition -

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

obligation imposed in connection with the plan is not in

accordance with law; and

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

from the plan.

(2) Hearings

The petitioner shall be given the opportunity for a hearing on

the petition, on the record and in accordance with regulations

issued by the Secretary.

(3) Ruling

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

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

(b) Review

(1) Commencement of action

The district courts of the United States in any district in

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

section resides or carries on business are hereby vested with

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

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

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

this section.

(2) Process

Service of process in such proceedings shall be conducted in

accordance with the Federal Rules of Civil Procedure.

(3) Remands

If the court determines that such ruling is not in accordance

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

directions either -

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

accordance with law; or

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

the court, the law requires.

(4) Enforcement

The pendency of proceedings instituted under subsection (a) of

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

General or the Secretary from taking any action under section

6009 of this title.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1913, Nov. 28, 1990, 104 Stat.

3850.)

-REFTEXT-

REFERENCES IN TEXT

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

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

Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6010 of this title.

-CITE-

7 USC Sec. 6009 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6009. Enforcement

-STATUTE-

(a) Jurisdiction

The district courts of the United States shall have jurisdiction

specifically to enforce, and to prevent and restrain a person from

violating, this chapter or any plan or regulation issued under this

chapter.

(b) Referral to Attorney General

A civil action to be brought under this section shall be referred

to the Attorney General for appropriate action, except that the

Secretary is not required to refer to the Attorney General a

violation of this chapter or any plan or regulation issued under

this chapter if the Secretary believes that the administration and

enforcement of this chapter would be adequately served by

administrative action under subsection (c) of this section or by

providing a suitable written notice or warning to any person

committing the violation.

(c) Civil penalties and orders

(1) Civil penalties

(A) In general

A person who willfully violates any provision of this chapter

or any plan or regulation issued under this chapter, or who

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

of the person under this chapter or any plan or regulation

issued under this chapter, may be assessed by the Secretary a

civil penalty of not less than $1,000 nor more than $10,000 for

each such violation.

(B) Separate offense

Each violation described in subparagraph (A) shall be a

separate offense.

(2) Cease and desist orders

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

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

continuing such violation.

(3) Notice and hearing

No penalty shall be assessed or cease and desist order issued

by the Secretary under this subsection unless the Secretary gives

the person against whom the order is issued notice and

opportunity for a hearing on the record with respect to such

violation.

(4) Finality

The order of the Secretary assessing a penalty or imposing a

cease and desist order shall be final and conclusive unless the

person against whom the order is issued files an appeal from the

Secretary's order in accordance with subsection (d) of this

section.

(d) Review by district court

(1) Commencement of action

A person against whom a civil penalty is assessed or a cease

and desist order is issued under subsection (c) of this section

may obtain review of such penalty or order in the district court

of the United States for the district in which such person

resides or does business, or in the United States District Court

for the District of Columbia, by -

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

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

such court; and

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

mail to the Secretary.

(2) Record

The Secretary shall promptly file in such court a certified

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

had committed a violation.

(3) Standard of review

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

finding is found to be unsupported by substantial evidence.

(e) Failure to obey orders

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

order has become final and unappealable, or after the appropriate

district court has entered a final judgment in favor of the

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

Secretary, after opportunity for a hearing on the record and for

judicial review under the procedures specified in subsections (c)

and (d) of this section, of not more than $1,000 for each offense.

Each day during which the failure continues shall be considered a

separate violation of such order.

(f) Failure to pay penalty

If a person fails to pay a civil penalty after it has become a

final and unappealable order issued by the Secretary, or after the

appropriate district court has entered a final judgment in favor of

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

General for recovery of the amount assessed in the district court

of the United States in any district in which the person resides or

conducts business. In such action, the validity and

appropriateness of such order imposing such civil penalty shall not

be subject to review.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1914, Nov. 28, 1990, 104 Stat.

3851.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6008, 6010 of this title.

-CITE-

7 USC Sec. 6010 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6010. 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 plan, 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

6008 or 6009 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 6008 or 6009 of this

title shall be within the judicial district where such person

resides or has a principal place of business.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1915, Nov. 28, 1990, 104 Stat.

3852; Pub. L. 102-237, title VIII, Sec. 802(3), Dec. 13, 1991, 105

Stat. 1882.)

-MISC1-

AMENDMENTS

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

after ''6008 or''.

-CITE-

7 USC Sec. 6011 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6011. Requirement of referendum

-STATUTE-

(a) In general

Not later than 24 months after the effective date of the plan

first issued under section 6003 of this title, the Secretary shall

conduct a referendum among growers, grower-shellers, and importers,

who during a representative period determined by the Secretary have

been engaged in the production or importation of pecans, for the

purpose of ascertaining whether growers, grower-shellers, and

importers favor continuation, termination, or suspension of the

plan.

(b) Other referenda

(1) In general

After the referendum required under subsection (a) of this

section, the Secretary shall hold a referendum on request of the

Board or 10 percent or more of the total number of growers,

grower-shellers, and importers, to determine if growers,

grower-shellers, and importers favor the termination or

suspension of the plan.

(2) Suspension or termination

The Secretary shall terminate or suspend such plan, in

accordance with section 6012(b) of this title, whenever the

Secretary determines that such suspension or termination is

favored by a majority of those voting in a referendum.

(c) Costs of referendum

The Secretary shall be reimbursed from any assessments collected

by the Board for any expenses incurred by the Department in

connection with the conduct of any referendum under this chapter,

except for the salaries of Government employees.

(d) Manner

(1) In general

Referenda conducted pursuant to this chapter shall be conducted

in such a manner as is determined by the Secretary.

(2) Advance registration

A grower, grower-sheller, or importer who chooses to vote in

any referendum conducted under this chapter shall register in

person prior to the voting period at the appropriate local office

of the Agricultural Stabilization and Conservation Service, as

determined by the Secretary, for such grower, grower-sheller, or

by mailing such a request to the Secretary on behalf of an

importer.

(3) Voting

A grower, grower-sheller, or importer who votes in any

referendum conducted under this chapter shall vote in person at

the appropriate local office of the Agricultural Stabilization

and Conservation Service, as determined by the Secretary or by

mail to the Secretary.

(4) Notice

Each Agricultural Stabilization and Conservation Service office

shall notify all growers, grower-shellers, and importers in the

area of such office, as determined by the Secretary, at least 30

days prior to a referendum conducted under this chapter. Such

notice shall explain the registration and voting procedures

established under this subsection.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1916, Nov. 28, 1990, 104 Stat.

3853.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6007 of this title.

-CITE-

7 USC Sec. 6012 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6012. Suspension or termination of plan

-STATUTE-

(a) Mandatory suspension or termination

The Secretary shall, whenever the Secretary finds that the plan

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

effectuate the declared policy of this chapter, terminate or

suspend the operation of such plan or provision.

(b) Suspension or termination

If, as a result of any referendum conducted under this chapter,

the Secretary determines that suspension or termination of a plan

is favored by a majority of the growers, grower-shellers, and

importers voting in the referendum, the Secretary shall -

(1) within 6 months after making such determination, suspend or

terminate, as the case may be, collection of assessments under

the plan; and

(2) suspend or terminate, as the case may be, activities under

the plan in an orderly manner as soon as practicable.

(c) Limitation

The termination or suspension of any plan, or any provision

thereof, shall not be considered a plan within the meaning of this

chapter.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1917, Nov. 28, 1990, 104 Stat.

3854.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6011 of this title.

-CITE-

7 USC Sec. 6013 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-

Sec. 6013. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated for each fiscal year such

sums as are necessary to carry out this chapter.

(b) Administrative expenses

Funds appropriated to carry out this chapter shall not be

available for payment of the expenses or expenditures of the Board

in administering any provision of any plan issued under this

chapter.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1918, Nov. 28, 1990, 104 Stat.

3854.)

-CITE-