-CITE-

7 USC CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND

CONSUMER INFORMATION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

.

-HEAD-

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-MISC1-

Sec.

6301. Findings and declaration of policy.

(a) Findings.

(b) Policy.

(c) Construction.

6302. Definitions.

6303. Issuance and amendment of orders.

(a) In general.

(b) Procedure.

(c) Amendments.

6304. Required terms in orders.

(a) In general.

(b) Establishment and membership of United Soybean

Board.

(c) Powers and duties of Board.

(d) Board voting procedures.

(e) Budgets.

(f) Plans and projects.

(g) Soybean Program Coordinating Committee.

(h) Powers and duties of Committee.

(i) Administration.

(j) Contracts and agreements.

(k) Books and records of Board.

(l) Assessments.

(m) Credit for certain costs to States.

(n) Minimum level of assessment to States.

(o) Investment of funds.

(p) Prohibition on use of funds to influence

governmental action.

(q) Books and records of first purchasers and certain

producers.

(r) Incidental terms and conditions.

6305. Referenda.

(a) Initial referendum.

(b) Additional referenda.

(c) Procedures.

6306. Petition and review.

(a) Petition.

(b) Review.

6307. Enforcement.

(a) Jurisdiction.

(b) Referral to Attorney General.

(c) Civil penalties and orders.

(d) Review by district court.

(e) Failure to obey orders.

(f) Failure to pay penalties.

(g) Additional remedies.

6308. Investigations and power to subpoena.

(a) Investigations.

(b) Subpoenas, oaths, and affirmations.

(c) Aid of courts.

(d) Contempt.

(e) Process.

(f) Hearing site.

6309. Administrative provisions.

(a) Construction.

(b) State laws.

(c) Amendments to orders.

6310. Suspension or termination of orders.

6311. Authorization of appropriations; regulations.

(a) In general.

(b) Administrative expenses.

(c) Regulations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

-CITE-

7 USC Sec. 6301 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6301. Findings and declaration of policy

-STATUTE-

(a) Findings

Congress finds that -

(1) soybeans are an important source of nutritious foods that

are a valuable part of the human diet and are an important

feedstuff for the livestock industry;

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

economy of the United States in that soybeans are produced by

thousands of soybean producers, processed by numerous processing

entities, and soybeans and soybean products produced in the

United States are consumed by people and livestock throughout the

United States and foreign countries;

(3) soybeans and soybean products should be readily available

and marketed efficiently to ensure that consumers have an

adequate supply of soybean products at a reasonable price;

(4) the maintenance and expansion of existing markets and

development of new markets for soybeans and soybean products are

vital to the welfare of soybean producers and processors and

those concerned with marketing soybeans and soybean products, as

well as to the general economy of the United States, and are

necessary to ensure the ready availability and efficient

marketing of soybeans and soybean products;

(5) there exist established State and national organizations

conducting soybean promotion, research, and consumer education

programs that are valuable to the efforts of promoting the

consumption of soybeans and soybean products;

(6) the cooperative development, financing, and implementation

of a coordinated national program of soybean promotion, research,

consumer information, and industry information are necessary to

maintain and expand existing markets and develop new markets for

soybeans and soybean products; and

(7) soybeans and soybean products move in interstate and

foreign commerce, and soybeans and soybean products that do not

move in such channels of commerce directly burden or affect

interstate commerce in soybeans and soybean products.

(b) Policy

Congress declares 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 assessments on domestically-produced soybeans, and

implementing a program of promotion, research, consumer

information, and industry information designed to strengthen the

soybean industry's position in the marketplace, to maintain and

expand existing domestic and foreign markets and uses for soybeans

and soybean products, and to develop new markets and uses for

soybeans and soybean products.

(c) Construction

Nothing in this chapter may be construed to provide for the

control of production or otherwise limit the right of individual

producers to produce soybeans.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1966, Nov. 28, 1990, 104 Stat.

3881.)

-MISC1-

SHORT TITLE

Section 1965 of Pub. L. 101-624 provided that: ''This subtitle

(subtitle E (Sec. 1965-1976) of title XIX of Pub. L. 101-624,

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

Research, and Consumer Information Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6303 of this title.

-CITE-

7 USC Sec. 6302 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6302. Definitions

-STATUTE-

As used in this chapter:

(1) Board

The term ''Board'' means the United Soybean Board established

under section 6304(b) of this title.

(2) Commerce

The term ''commerce'' includes interstate, foreign, and

intrastate commerce.

(3) Committee

The term ''Committee'' means the Soybean Program Coordinating

Committee established under section 6304(g) of this title.

(4) Consumer information

The term ''consumer information'' means information that will

assist consumers and other persons in making evaluations and

decisions regarding the purchase, preparation, and use of

soybeans or soybean products.

(5) Department

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

(6) First purchaser

The term ''first purchaser'' means -

(A) except as provided in subparagraph (B), any person buying

or otherwise acquiring from a producer soybeans produced by

such producer; or

(B) the Commodity Credit Corporation, in any case in which

soybeans are pledged as collateral for a loan issued under any

price support loan program administered by the Commodity Credit

Corporation.

(7) Industry information

The term ''industry information'' means information and

programs that will lead to the development of new markets, new

marketing strategies, or increased efficiency for the soybean

industry, and activities to enhance the image of the soybean

industry.

(8) Marketing

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

soybeans or soybean products in any channel of commerce.

(9) Net market price

The term ''net market price'' means -

(A) except as provided in subparagraph (B), the sales price

or other value received by a producer for soybeans after

adjustments for any premium or discount based on grading or

quality factors, as determined by the Secretary; or

(B) for soybeans pledged as collateral for a loan issued

under any price support loan program administered by the

Commodity Credit Corporation, the principal amount of the loan.

(10) Order

The term ''order'' means an order issued under section 6303 of

this title.

(11) Person

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

partnership, corporation, association, cooperative, or any other

legal entity.

(12) Producer

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

of soybeans in the United States who owns, or who shares the

ownership and risk of loss of, such soybeans.

(13) Promotion

The term ''promotion'' means any action, including paid

advertising, technical assistance, and trade servicing

activities, to enhance the image or desirability of soybeans or

soybean products in domestic and foreign markets, and any

activity designed to communicate to consumers, importers,

processors, wholesalers, retailers, government officials, or

others information relating to the positive attributes of

soybeans or soybean products or the benefits of importation, use,

or distribution of soybeans and soybean products.

(14) Qualified State soybean board

The term ''qualified State soybean board'' means a State

soybean promotion entity that is authorized by State law. If no

such entity exists in a State, the term ''qualified State soybean

board'' means a soybean producer-governed entity -

(A) that is organized and operating within a State;

(B) that receives voluntary contributions and conducts

soybean promotion, research, consumer information, or industry

information programs; and

(C) that meets criteria established by the Board as approved

by the Secretary relating to the qualifications of such entity

to perform duties under the order and is recognized by the

Board as the soybean promotion and research entity within the

State.

(15) Research

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

image, desirability, marketability, production, product

development, quality, or functional or nutritional value of

soybeans or soybean products, including any research activity

designed to identify and analyze barriers to export sales of

soybeans and soybean products.

(16) Secretary

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

(17) Soybean products

The term ''soybean products'' means products produced in whole

or in part from soybeans or soybean by-products.

(18) Soybeans

The term ''soybeans'' means all varieties of Glycine max or

Glycine soya.

(19) State

The terms ''State'' and ''United States'' consist of the 50

States of the United States of America, the District of Columbia,

and the Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1967, Nov. 28, 1990, 104 Stat.

3882.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6304 of this title.

-CITE-

7 USC Sec. 6303 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6303. Issuance and amendment of orders

-STATUTE-

(a) In general

To effectuate the declared policy of section 6301(b) of this

title, the Secretary, subject to the procedures provided in

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

chapter applicable to producers and first purchasers of soybeans.

Any such order shall be national in scope, and not more than one

order shall be in effect under this chapter at any one time.

(b) Procedure

(1) Proposal or request for issuance

The Secretary may propose the issuance of an order under this

chapter, or an association of soybean producers or any other

person that would be affected by an order issued pursuant to this

chapter may request the issuance of, and submit a proposal for,

such an order.

(2) Notice and comment concerning proposed order

Not later than 30 days after the receipt of a request and

proposal for an order pursuant to paragraph (1), or whenever the

Secretary determines to propose an order, the Secretary shall

publish a proposed order and give due notice and opportunity for

public comment on the proposed order.

(3) Issuance of order

After notice and opportunity for public comment are given as

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

taking into consideration the comments received and including in

the order provisions necessary to ensure that the order is in

conformity with the requirements under this chapter. Such order

shall be issued and become effective not later than 180 days

following publication of the proposed order.

(c) Amendments

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

under this section. The provisions of this chapter applicable to

orders shall be applicable to amendments to orders.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1968, Nov. 28, 1990, 104 Stat.

3883.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6302, 6305, 6309 of this

title.

-CITE-

7 USC Sec. 6304 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6304. Required terms in orders

-STATUTE-

(a) In general

Any order issued under this chapter shall contain the terms and

conditions specified in this section.

(b) Establishment and membership of United Soybean Board

(1) In general

The order shall provide for the establishment of, and

appointment of members to, a United Soybean Board to administer

the order. Members of the Board shall be soybean producers

appointed by the Secretary, on a geographic basis, from State or

combined units, as provided in this subsection. The cumulative

number of seats on the Board shall be the total number of seats

to which all the units are entitled.

(2) Seats

The Secretary shall establish State units and combined units

and seats on the Board for such units, as follows:

(A) State units

Except as provided in subparagraph (B), each State shall be

considered as a unit.

(B) Combined units

A State in which average annual soybean production is less

than 3,000,000 bushels shall be grouped with other States into

a combined unit. To the extent practicable, each State with

average annual soybean production of less than 3,000,000

bushels shall be grouped with other States with average annual

soybean production of less than 3,000,000 bushels into a

combined unit, in a manner prescribed in the order, and each

combined unit shall consist of geographically contiguous

States. To the extent practicable, each combined unit shall

have an average annual production of soybeans of at least

3,000,000 bushels.

(C) Number of seats per unit

Subject to subparagraph (F), each unit, as established under

subparagraph (A) or (B) -

(i) if its average annual soybean production is less than

15,000,000 bushels, shall be entitled to one seat on the

Board;

(ii) if its average annual soybean production is 15,000,000

bushels or more but less than 70,000,000 bushels, shall be

entitled to 2 seats on the Board;

(iii) if its average annual soybean production is

70,000,000 bushels or more but less than 200,000,000 bushels,

shall be entitled to 3 seats on the Board; and

(iv) if its average annual soybean production is

200,000,000 bushels or more, shall be entitled to 4 seats on

the Board.

(D) Determination of average annual soybean production

For purposes of subparagraphs (A), (B), (C), and (F), the

Secretary shall determine average annual soybean production

applicable to a crop year by using the average of the 5

previous crops of soybeans, excluding the crop in which

production was the highest and the crop in which production was

the lowest.

(E) Reapportionment of seats

At the end of each 3 year period beginning with the 3 year

period starting on the effective date of the order, the

Secretary, if necessary, shall adjust any unit to conform with

subparagraphs (A) and (B). If the Secretary makes such an

adjustment, the Secretary shall reapportion the seats on the

Board to conform with subparagraph (C) and any modifications

made under subparagraph (F). If payment of refunds following

the initial referendum conducted under section 6305(a) of this

title is authorized by producers, in making such adjustments,

the Secretary shall exclude, from each State's annual soybean

production, those bushels of soybeans on which such refunds are

paid.

(F) Adjustment of levels of production

At the end of each 3 year period beginning with the 3 year

period starting on the effective date of the order, the Board

may recommend to the Secretary, to the extent it determines

appropriate, changes in the levels of production used in

subparagraphs (A), (B), and (C) to determine per-unit

representation on the Board. The Secretary may amend the order

to make such changes in levels of production used to determine

per-unit representation. Any such amendment to the order shall

not be subject to a referendum of producers. A unit may not,

as a result of any modification under this subparagraph, lose

Board seats to which it is entitled at the time the order is

initially issued unless its average annual production, as

determined under subparagraph (D), declines below the levels

required for representation, as specified in subparagraphs (A),

(B), and (C).

(3) Nominations

(A) In general

The Secretary shall appoint soybean producers to seats

established under paragraph (2) from nominations submitted by

each unit. Each unit shall submit to the Secretary at least

two nominations for each appointment to the Board to which the

unit is entitled, as determined under paragraph (2).

(B) Method for obtaining nominations

(i) Initially-established Board

(I) State units

The Secretary shall solicit nominations for each seat on

the initially-established Board to which a State unit is

entitled from the State soybean board in the State that

submits satisfactory evidence to the Secretary that such

board meets the criteria of subparagraph (A) or (B) of

section 6302(14) of this title. If no such organization

exists in the unit, the Secretary shall solicit nominations

for appointments in such manner as the Secretary determines

appropriate.

(II) Combined units

The Secretary shall solicit nominations for each seat on

the initially-established Board to which a combined unit is

entitled in such manner as the Secretary determines

appropriate, taking into consideration the recommendations

of any State soybean board operating in the unit that

submits to the Secretary satisfactory evidence that such

board meets the criteria described in subparagraph (A) or

(B) of section 6302(14) of this title.

(ii) Subsequent appointment

(I) State units

Nominations for each subsequent appointment to a seat on

the Board to which a State unit is entitled shall be made

by the qualified State soybean board in the unit. If no

such organization exists in the unit, the Secretary shall

solicit nominations for such appointment in such manner as

the Secretary determines appropriate.

(II) Combined units

The Secretary shall solicit nominations for each

subsequent appointment to the Board to which a combined

unit is entitled in such manner as the Secretary determines

appropriate, taking into consideration the recommendations

of any qualified State soybean board operating in the unit.

(iii) Rejection

The Secretary may reject any nomination submitted by a unit

under this paragraph. If there are insufficient nominations

from which to appoint members to the Board as a result of the

Secretary rejecting the nominations submitted by a unit, the

unit shall submit additional nominations, as provided in this

paragraph.

(4) Terms

Each appointment to the Board shall be for a term of 3 years,

except that appointments to the initially-established Board shall

be proportionately for 1-year, 2-year, and 3-year terms. No

person may serve more than three consecutive 3-year terms.

(5) Compensation

Board members shall serve without compensation, but shall be

reimbursed for their reasonable expenses incurred in performing

their duties as members of the Board.

(6) Temporary appointments

(A) Appointment

Notwithstanding paragraphs (1) through (5), the Secretary,

under procedures established by the Secretary, shall appoint to

the initially-established Board up to three temporary members

to serve in addition to the members appointed as otherwise

provided in this subsection, as the Secretary determines

appropriate for transition purposes under the criteria set out

in subparagraph (B). Each such temporary member shall be

appointed for a single term not to exceed 3 years.

(B) Representation of certain States

The Secretary shall make temporary appointments to the

initially-established Board to ensure, to the extent

practicable, that each State with a State soybean board that,

prior to November 28, 1990, was contributing State soybean

promotion and research assessment funds to national soybean

promotion and research efforts has representation on the

initially-established Board that reflects the relative

contributions of such State to the national soybean promotion

and research effort.

(7) Meetings

The order shall provide for at least one meeting of the Board

annually and specify the circumstances under which additional

special meetings of the Board may be held.

(c) Powers and duties of Board

The order shall define the powers and duties of the Board and

shall include the power and duty -

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

provisions of the order;

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

of the order;

(3) if the Board exercises its authority to establish the

Committee described in subsection (g) of this section -

(A) to elect members of the Board to serve on the Committee;

and

(B) if the Board assigns to the Committee the power to

develop and submit budgets as provided for in subsection (h)(1)

of this section, to approve, modify, or reject budgets

submitted by the Committee;

(4) to submit budgets to the Secretary for the approval or

disapproval of the Secretary;

(5) to contract with appropriate persons to implement plans or

projects;

(6) to contract with qualified State soybean boards to

implement programs in their States;

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

complaints of violations of the order;

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

(9) to provide the Secretary with prior notice of meetings of

the Board and meetings of committees of the Board to permit the

Secretary, or a designated representative, to attend such

meetings; and

(10) to provide not less than annually a report to producers

accounting for funds and describing programs implemented, and

such reports shall be made available to the public on request.

(d) Board voting procedures

(1) In general

The order shall establish procedures for the conduct of voting

by the Board, as provided in this subsection. On or after the

end of the 3-year period beginning on the effective date of the

order, the Board may recommend to the Secretary changes in the

voting procedures of the Board and the Secretary may amend the

order to make such changes. Such changes shall not be subject to

a referendum of producers.

(2) Number of votes per member

Each member of the Board shall be entitled, in any vote

conducted by the Board, to cast the number of votes determined

under the following rules:

(A) In general

Each member shall be entitled to cast one vote unless a roll

call vote is conducted. On a roll call vote, each member shall

be entitled to cast such additional votes as are assigned to

the member under subparagraph (B).

(B) Additional votes

The additional votes that each member is assigned for roll

call votes shall be computed as follows:

(i) Assessment level

Except as provided in clause (ii), each unit shall be

allotted one vote for each percent, or portion of a percent,

of the total amount of assessments remitted to the Board that

was remitted from the unit (net of any refunds made under

subsection (l)(2) of this section), on the average, during

each of the 3 previous fiscal years of the Board.

(ii) First three fiscal years

(I) First fiscal year

During the first fiscal year of the Board, each unit

shall be allotted one vote for each percent, or portion of

a percent, of the total production of soybeans in the

United States that was produced in the unit, on the

average, during each of the 3 immediately preceding crop

years.

(II) Second and third fiscal years

The order shall provide appropriate adjustments of the

procedure for the allotment of votes under clause (i) to

apply to allotments of votes during the second and third

fiscal years of the Board.

(iii) Division of votes within units

A unit's total votes under clause (i) or (ii) shall be

divided equally among all the members present and voting

representing that unit. The procedures established by the

order shall provide for the equitable disposition of

fractional votes assigned to a member under such division of

a unit's vote.

(3) Motions

(A) In general

Except as provided in subparagraph (B), a motion shall carry

if approved by a simple majority of members of the Board

casting votes.

(B) Roll call votes

Any member of the Board may call for a roll call vote on any

motion. Except as otherwise provided in the bylaws adopted by

the Board, whenever a roll call vote is conducted, the motion

shall carry only if it is approved by a simple majority of all

votes cast and a simple majority of all units voting (with the

vote of each unit determined by a simple majority of all votes

cast by members in that unit).

(4) Committee votes

In any vote conducted by a committee of the Board, each member

of the committee shall have one vote.

(5) Proxies

A member may not cast votes by proxy.

(e) Budgets

(1) In general

The order shall provide that the Board shall develop budgets on

a fiscal year basis of anticipated expenses and disbursements

under the order, including probable costs of administration and

promotion, research, consumer information, and industry

information projects. The Board shall submit such budgets or any

substantial modification thereof to the Secretary for the

Secretary's approval.

(2) Limitation

No expenditure of funds may be made by the Board unless such

expenditure is authorized under a budget or modification approved

by the Secretary.

(f) Plans and projects

The order shall provide that the Board shall review or, on its

own initiative, develop plans or projects of promotion, research,

consumer information, and industry information, to be paid for with

funds received by the Board. Such plans or projects shall not

become effective until approved by the Secretary.

(g) Soybean Program Coordinating Committee

(1) Establishment

The order may authorize the Board to establish a Soybean

Program Coordinating Committee to assist in the administration of

the order, as provided in this subsection.

(2) Membership

(A) Composition

The Committee shall be composed of members such that -

(i) not less than two-thirds of the Committee shall be

members of the Board, including -

(I) the Chairperson and Treasurer of the Board; and

(II) additional members of the Board elected by the

Board; and

(ii) not more than one-third of the Committee shall be

producers elected by the national, nonprofit soybean

producer-governed organization that conducts activities on

behalf of State soybean boards and that, on November 28,

1990, conducts activities to promote soybeans and soybean

products as a cooperator with the Foreign Agricultural

Service of the Department.

(B) Certification

To serve on the Committee, each producer elected by the

national, nonprofit soybean producer-governed organization

shall be certified by the Secretary as a producer who is duly

elected by such organization as a representative to the

Committee.

(3) Terms

Terms of appointment to the Committee shall be for 1 year. No

person may serve on the Committee for more than 6 consecutive

terms.

(4) Compensation

Committee members shall serve without compensation, but shall

be reimbursed for their reasonable expenses incurred in

performing duties for the Committee.

(5) Chairperson

The Chairperson of the Board shall serve as Chairperson of the

Committee.

(6) Quorum

A quorum of the Committee shall consist of the number of

members of the Committee equal to three-fourths of the total

membership of the Committee.

(h) Powers and duties of Committee

The order shall define the powers and duties that the Board may

assign to the Committee, which may include the following:

(1) Budgets

The Board may assign to the Committee the power to develop and

submit to the Board, for approval, budgets on a fiscal year

basis, as provided for in subsection (e) of this section. The

Board shall review and approve, reject, modify, or substitute a

budget proposed by the Committee, and submit budgets to the

Secretary for the Secretary's approval under subsection (e) of

this section.

(2) Plans and projects

The Board may assign to the Committee the power to review, or

on its own initiative develop, plans or projects for promotion,

research, consumer information, and industry information

activities, to be paid for with funds received by the Board as

provided for in subsection (f) of this section. Each such plan

or project shall be presented to the Board for approval.

(3) Voting

A recommendation to be presented to the Board relating to

proposed budgets or proposed plans and projects shall require the

concurring vote of at least two-thirds of the members present at

a meeting of the Committee.

(i) Administration

(1) Expenses

The order shall provide that the Board shall be responsible for

all expenses of the Board.

(2) Staff

(A) In general

The order shall provide that the Board may establish an

administrative staff or facilities of its own or contract for

the use of the staff and facilities of national, nonprofit,

producer-governed organizations that represent producers of

soybeans.

(B) Limitation on salaries

If the Board establishes an administrative staff of its own,

the Board is authorized to expend for administrative staff

salaries and benefits an amount not to exceed one percent of

the projected level of assessments to be collected by the

Board, net of any refunds to be made under subsection (l)(2) of

this section, for that fiscal year.

(C) Reimbursement of organization

If the staff of national, nonprofit, producer-governed

organizations that represent producers of soybeans are used by

the Board, the staff of such organizations shall not receive

compensation directly from the Board, but such organizations

shall be reimbursed for the reasonable expenses of their

staffs, including salaries, incurred in performing staff duties

on behalf of, and authorized by, the Board.

(3) Limitation on administrative costs

The order shall provide that costs incurred by the Board in

administering the order (including the cost of staff but not

including administrative costs incurred by the Secretary) during

any fiscal year shall not exceed 5 percent of the projected level

of assessments to be collected by the Board, net of any refunds

to be made under subsection (l)(2) of this section, for that

fiscal year.

(j) Contracts and agreements

(1) Authority

To ensure coordination and efficient use of funds, the order

shall provide that the Board may enter into contracts or

agreements for the implementation and carrying out of the

activities authorized by this chapter with national, nonprofit,

producer-governed organizations that represent producers of

soybeans, and for the payment thereof with funds received by the

Board under the order.

(2) Coordination

To enhance coordination, the Board, when entering into

contracts or agreements for the implementation and carrying out

of activities authorized by this chapter, shall ensure that all

plans or projects implemented for consumer information, industry

information, promotion, or research are each implemented by a

single entity. There shall not be in force, at any one time,

more than one contract or agreement for implementation of plans

or projects for consumer information, for industry information,

for promotion, or for research, except that, upon approval of the

Secretary, the Board may contract with qualified State soybean

boards to implement plans or projects within their respective

States.

(3) Terms

Any contract or agreement entered into under this subsection

shall provide that -

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

Board a plan or project together with a budget or budgets that

shall show estimated costs to be incurred for such plan or

project;

(B) the plan or project shall not become effective until it

has been approved by the Secretary; and

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

of its transactions, account for funds received and expended,

including staff time, salaries, and expenses expended on behalf

of Board activities, make periodic reports to the Board of

activities conducted, and make such other reports as the Board

or the Secretary may require.

(4) Communications to producers

The order may provide that -

(A) the Board may enter into contracts or agreements with

qualified State soybean boards that apply therefor and agree to

the terms thereof, for the implementation of plans or projects

to coordinate and facilitate communications to producers

regarding the conduct of activities under the order and for the

payment of the costs of the plans or projects with funds

received by the Board under the order; and

(B) to facilitate the funding of plans or projects described

in subparagraph (A), if the order does not authorize the

payment of refunds, the Board shall allocate for such funding

each year an amount not less than the cumulative amount of all

producer contributions to qualified State soybean boards during

the previous year that the State boards were unable to retain,

and forwarded to the Board, because producers received refunds

on such State contributions, as determined by the Board based

on information submitted by the qualified State soybean boards.

(5) Apportionment of funds to qualified State soybean boards

(A) In general

In using the funds allocated each year under paragraph (4)(B)

for payment of the costs of contracts or agreements described

in paragraph (4)(A), subject to subparagraph (B), the Board

shall apportion such allocated funds among States so that each

qualified State soybean board receives an amount equal to the

amount of such allocated funds attributable to refunds in the

State during the previous year, as determined by the Board

based on information submitted by the qualified State soybean

boards.

(B) Exception

The Board shall not be required to apportion funds to a

qualified State soybean board, as provided in subparagraph (A),

if -

(i) the qualified State soybean board has not entered into

a contract or agreement with the Board for the implementation

of plans or projects described in paragraph (4)(A); or

(ii) the amount to be apportioned to the qualified State

soybean board is less than the cost to the Board of

overseeing the use of such apportionment during the year

involved, and the contract or agreement shall so provide.

(k) Books and records of Board

The order shall require the Board to -

(1) maintain such books and records, which shall be available

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

prescribe;

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

such reports as the Secretary may prescribe; and

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

entrusted to the Board.

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. The Secretary shall

make such report available to the public upon request.

(l) Assessments

(1) In general

(A) First purchasers

(i) Collection

The order shall provide that each first purchaser of

soybeans from a producer shall collect, in the manner

prescribed by the order, an assessment from the producer and

remit the assessment to the Board. The Board shall use

qualified State soybean boards to collect such assessments in

States in which such boards operate.

(ii) Rate

The rate of assessment prescribed by the order shall be

one-half of 1 percent of the net market price of soybeans

sold by the producer to the first purchaser.

(iii) One assessment

No more than one assessment shall be made on any soybeans.

(B) Direct processing

The order shall provide that any person processing soybeans

of that person's own production and marketing such soybeans or

soybean products made from such soybeans shall remit to the

Board or the qualified State soybean board, in the manner

prescribed by the order, an assessment established at a rate

equivalent to the rate provided for in subparagraph (A)(ii).

(2) Refunds

(A) Refunds prior to initial referendum

(i) In general

The order shall provide that, during the period prior to

the approval of the continuation of the initial order in the

referendum provided for in section 6305(a) of this title, as

determined by the Secretary, each producer shall have the

right to demand and receive from the Board a refund of any

assessment collected from such producer if -

(I) such producer is responsible for paying the

assessment; and

(II) such producer does not support the programs,

projects, or activities implemented under the order.

(ii) By Board

During the period referred to in clause (i), refunds shall

be provided equally from the Board and, where applicable, the

qualified State soybean board, as determined by the

Secretary.

(B) Administration

Subject to subparagraph (C)(i), any demand by a producer for

a refund of an assessment under this paragraph shall be made in

accordance with regulations, on a form, and within the time

period (not to exceed 90 days) prescribed by the Board.

(C) Submission of refund demands

(i) In general

In each State in which a qualified State soybean board

collects assessments, as provided in paragraph (1)(A)(i),

producers shall submit demands for refunds of assessments to

the qualified State soybean board. Such board shall provide

notice to producers, in a manner prescribed by the Board, of

their right to such refunds, and shall process such

submissions under procedures established by State law

applicable to refunds of assessments on soybeans, except that

if no refunds are allowed under State law, such submissions

shall be processed under procedures established under this

paragraph.

(ii) No qualified State soybean board

In each State in which there is no qualified State soybean

board, producers shall submit demands for refunds of

assessments directly to the Board.

(D) Time limit for making refund

Subject to subparagraph (C)(i), each refund to a producer of

an assessment under this paragraph shall be made as soon as

practicable, but in no event more than 60 days, after

submission of proof satisfactory to the qualified State soybean

board or the Board that the producer paid the assessment for

which refund is demanded.

(E) Order not favored

If the Secretary determines that producers do not favor the

continuation of the order in the referendum provided for in

section 6305(a) of this title, refunds shall be made under this

paragraph on collected assessments until such collections are

terminated, as provided in section 6305(a) of this title.

(F) Refunds after initial referendum

(i) In general

The order shall contain provisions relating to refunds

after the approval of the order in the initial referendum

under section 6305(a) of this title as required in this

subparagraph.

(ii) Availability

Effective for the period beginning on the date the

Secretary determines the result of the initial referendum

under section 6305(a) of this title and ending on a date (not

later than 18 months thereafter) established by the

Secretary, the qualified State soybean board and, where no

qualified State soybean board exists, the Board shall make

refunds available to soybean producers at the end of the

fiscal year from escrowed funds, as provided for in clause

(vii). Such refunds shall be made available, under the

procedures specified in subparagraphs (A) through (D) to the

extent not inconsistent with this subparagraph, to producers

who have requested refunds during such period.

(iii) Poll

Not later than the end of the period provided for in clause

(ii), the Secretary shall conduct a poll of soybean

producers, using the procedures provided for in section

6305(b)(3) of this title, to determine if producers support

the conduct of a referendum on the continuance of the payment

of refunds under the order.

(iv) Referendum

If the Secretary determines, based on the poll conducted

under clause (iii), that the conduct of a referendum is

supported by at least 20 percent of the producers (not in

excess of one-fifth of which may be producers in any one

State) who, during a representative period, have been engaged

in the production of soybeans, the Secretary shall conduct a

referendum among all such producers for the purpose of

determining whether such producers favor the continuation of

the payment of refunds under the order. Such referendum

shall be conducted, under the procedures provided for in

section 6305 of this title, not later than 1 year after the

Secretary determines, based on the poll, that the referendum

is required.

(v) Continued refunds

If the Secretary conducts a referendum under clause (iv),

the qualified State soybean board and, where no qualified

State soybean board exists, the Board shall continue to make

refunds available to producers as provided for in clause (ii)

during the period prior to the conduct of the referendum,

which shall be payable at the end of the period from the

escrowed funds, as provided in clause (vii).

(vi) Continuation or cessation of refunds

If the Secretary determines, in the referendum conducted

under clause (iv), that continuation of the payment of

refunds is favored by a majority of the producers voting in

such referendum, the qualified State soybean board and, where

no qualified State soybean board exists, the Board shall

continue to make refunds available to producers as provided

for in clause (ii) for each 1-year period that follows until

such time as soybean producers approve an amendment to the

order to eliminate such refunds. Such refunds shall be

payable at the end of each such 1-year period from escrowed

funds, as provided in clause (vii). If the Secretary

determines in the referendum that continuation of such

refunds is not favored by a majority of producers voting in

the referendum, the right to such refunds shall cease

immediately.

(vii) Escrow accounts

(I) Establishment

The qualified State soybean board and, for producers in

States where no qualified State soybean board exists, the

Board shall establish escrow accounts to be used to pay

refunds under clause (ii) and, if necessary, clauses (v)

and (vi).

(II) Separate accounts

The qualified State soybean board and, where no qualified

State soybean board exists, the Board shall establish

separate escrow accounts for each State from which producer

assessments are collected for the purpose of making refunds

under clauses (ii), (v), and (vi), respectively.

(III) Deposits

The qualified State soybean board and, where no qualified

State soybean board exists, the Board shall deposit into

its escrow account for refunds under clause (ii), (v), or

(vi), as appropriate, 10 percent of the total assessment

collected by the qualified State soybean board and, where

no qualified State soybean board exists, the Board

(including the assessment provided under paragraph (2) and

contributions by producers to qualified State soybean

boards under paragraph (4)), during the time period

involved.

(IV) Refunds made from escrow account

Refunds requested by producers from a State under clause

(ii) (or if refunds are available under clause (v) or (vi))

during the time period involved shall be made from the

escrow account that is applicable to that clause for such

State.

(V) Proration

If the funds deposited in a State account established

under subclause (I) for purposes described under clauses

(ii), (v), and (vi) are not sufficient to honor all

requests for refunds made by producers from that State

during the time period involved, the qualified State

soybean board and, where no qualified State soybean board

exists, the Board shall prorate the amount of such refunds

from the State's account among all producers from that

State that request refunds.

(VI) Surplus funds

Any funds not refunded to producers in a State under this

clause shall be divided equally between the Board and the

qualified State soybean board of such State. Such funds

shall be used to carry out programs under this chapter.

(VII) Refund period

In applying this clause to refunds under clause (vi),

each annual refund period shall be treated separately.

(3) Use

The assessments (net of any refunds under paragraph (2)) shall

be used for -

(A) payment of the expenses incurred in implementation and

administration of the order;

(B) the establishment of a reasonable reserve; and

(C) reimbursement to the Secretary of administrative costs

incurred by the Secretary to implement and administer the

order, other than one-half of the cost incurred for the

referendum conducted under paragraph (2)(F).

(4) Credit for contributions to qualified State soybean boards

A producer who can establish that such producer is contributing

to a qualified State soybean board shall receive credit, in

determining the assessment due to the Board from such producer,

for contributions to the qualified State soybean board of up to

one-quarter of 1 percent of the net market price of soybeans or

the equivalent thereof. For purposes of this chapter, there

shall be only one qualified State soybean board in each State. A

producer may receive a credit under this paragraph only if the

contribution is to the qualified State soybean board in the State

in which the soybeans are produced, except that the Board, with

the approval of the Secretary, may authorize exceptions to such

State-of-origin rule as are appropriate to ensure effective

coordination of collection procedures among States.

(5) Single process of assessment

The procedures in the order for the collection of assessments

shall ensure, to the extent practicable, that such soybeans are

subject to a single process of assessment under the order.

(m) Credit for certain costs to States

The order shall provide that the Board may provide a credit to

each qualified State soybean board of an amount not to exceed

one-half of any fees paid to State governmental agencies or first

purchasers for collection of the assessments if the payment of such

fees by the qualified State soybean board is required by State law

enacted prior to November 28, 1990, except that the Board may not

provide a credit to any qualified State soybean board of an amount

that exceeds 2.5 percent of the amount of assessments collected and

remitted to the Board under subsection (l) of this section.

(n) Minimum level of assessments to States

(1) Pre-referendum period

The order shall contain provisions to ensure that, during the

period prior to the conduct of the referendum provided for in

section 6305(a) of this title, each qualified State soybean board

receives annually an amount of funds equal to the average amount

that the State board collected from assessments during each of

the State board's fiscal years 1984 through 1988 (excluding the

year in which such collections were the highest and the year in

which such collections were the lowest), as determined by the

Secretary and subject to paragraph (3).

(2) Post-referendum period

The order shall provide, effective after the conduct of the

referendum provided for in section 6305(a) of this title, subject

to paragraph (3), that the Board annually shall provide a credit

to each qualified State soybean board of an amount by which -

(A) the amount equal to 1 cent times the average number of

bushels of soybeans produced in the State during each of the

preceding 5 years (excluding the year in which the production

is the highest and the year in which the production is the

lowest); exceeds

(B) the total amount collected by the qualified State soybean

board from assessments on producers minus the amount of

assessments remitted to the Board during such year under

subsection (l) of this section.

(3) Limitation

The total amount of credits under paragraph (1) or (2) and

assessments retained by the qualified State soybean board for a

year may not exceed the total amount of assessments collected in

that State under subsection (l) of this section (net of any

refunds made under paragraph (2) of subsection (l) of this

section) in that year.

(o) Investment of funds

(1) In general

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

the Secretary, may invest assessment funds collected by the Board

under the order, pending their disbursement, 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.

(2) Income

Income from any such investment may be used for any purpose for

which the invested funds may be used.

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

(1) In general

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

prohibit any funds collected by the Board under the order from

being used in any manner for the purpose of influencing

legislation or governmental action or policy.

(2) Exceptions

Paragraph (1) shall not apply to -

(A) the development and recommendation of amendments to the

order;

(B) the communication to appropriate government officials of

information relating to the conduct, implementation, or results

of promotion, research, consumer information, or industry

information activities under the order; or

(C) any action designed to market soybeans or soybean

products directly to a foreign government or political

subdivision thereof.

(q) Books and records of first purchasers and certain producers

(1) Recordkeeping

(A) In general

The order shall require that each first purchaser of soybeans

and any person processing soybeans of that person's own

production maintain and make available for inspection by the

Board or the Secretary such books and records as may be

required by the order and file reports at the time, in the

manner, and having the content prescribed by the order. The

order shall exempt small producers processing soybeans of their

own production from such recordkeeping and reporting

requirements if they are not required to pay assessments under

the order.

(B) ''Small producer'' defined

The order shall define the term ''small producer'' as such

term is used in subparagraph (A).

(2) Use of information

(A) In general

Information maintained under paragraph (1) shall be made

available to the Secretary as is appropriate for the

administration or enforcement of this chapter, or any order or

regulation issued under this chapter.

(B) Other information

The Secretary shall authorize the use under this chapter of

information regarding first purchasers that is accumulated

under a law or regulation other than this chapter or

regulations under this chapter.

(3) Confidentiality

(A) In general

Except as otherwise provided in this chapter, commercial or

financial information that is obtained under paragraph (1) or

(2) and that is privileged or confidential shall be kept

confidential by all officers and employees of the Department,

members of the Board, and agents of the Board.

(B) Permitted uses

Information obtained under the authority of this chapter

shall be made available to any agency or officer of the Federal

Government for -

(i) the implementation of this chapter;

(ii) any investigatory or enforcement action necessary for

the implementation of this chapter; or

(iii) any civil or criminal law enforcement activity if the

activity is authorized by law.

(C) Other exceptions

Nothing in subparagraph (A) may be deemed to prohibit -

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

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

statistical data collected therefrom, which statements do not

identify the information furnished by any person; or

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

name of any person violating any order, together with a

statement of the particular provisions of the order violated

by such person.

(4) Penalty

Any person who willfully violates the provisions of this

subsection, upon conviction, shall be subject to a fine of not

more than $1,000, or to imprisonment for not more than one year,

or both, and, if a member or an agent of the Board or an officer

or employee of the Department, shall be removed from office.

(r) Incidental terms and conditions

The order shall provide terms and conditions, not inconsistent

with the provisions of this chapter, as necessary to effectuate the

provisions of the order, including provisions for the assessment of

a penalty for each late payment of assessments under subsection (l)

of this section.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1969, Nov. 28, 1990, 104 Stat.

3884; Pub. L. 102-237, title VIII, Sec. 806(1), Dec. 13, 1991, 105

Stat. 1883.)

-MISC1-

AMENDMENTS

1991 - Subsec. (g)(2)(A)(ii). Pub. L. 102-237, Sec. 806(1)(A),

substituted ''Agricultural'' for ''Argicultural''.

Subsec. (l)(2)(F)(vii)(V). Pub. L. 102-237, Sec. 806(1)(B),

substituted ''that request'' for ''that requests''.

Subsec. (q)(4). Pub. L. 102-237, Sec. 806(1)(C), inserted a comma

after ''and'' and struck out semicolon after ''Board''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6302, 6309 of this title.

-CITE-

7 USC Sec. 6305 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6305. Referenda

-STATUTE-

(a) Initial referendum

(1) Requirement

Not earlier than 18 months or later than 36 months following

issuance of an order under section 6303 of this title, the

Secretary shall conduct a referendum among producers who, during

a representative period as determined by the Secretary, have been

engaged in the production of soybeans for the purpose of

ascertaining whether the order then in effect shall be continued.

(2) Advance notice

The Secretary shall, to the extent practicable, provide broad

public notice in advance of any referendum. Any such notice

shall be provided without advertising expenses by means of

newspapers, county newsletters, the electronic media, and press

releases, through the use of notices posted in State and county

Extension Service offices and county Agricultural Stabilization

and Conservation Service offices, and by other appropriate means

specified in the order. Such notice shall include information on

when the referendum will be held, registration and voting

requirements, rules regarding absentee voting, and other

pertinent facts.

(3) Approval of order

Such order shall be continued only if the Secretary determines

that the order has been approved by not less than a majority of

the producers voting in the referendum.

(4) Disapproval of order

If continuation of the order is not approved by a majority of

those voting in the referendum, the Secretary shall terminate

collection of assessments under the order within 6 months after

the referendum and shall terminate the order in an orderly manner

as soon as practicable.

(b) Additional referenda

(1) In general

(A) Requirement

After the initial referendum on an order, the Secretary shall

conduct additional referenda, as described in subparagraph (C),

if requested by a representative group of producers, as

described in subparagraph (B).

(B) Representative group of producers

An additional referendum on an order shall be conducted if

requested by 10 percent or more of the producers who during a

representative period have been engaged in the production of

soybeans, of which group of requesting producers not in excess

of one-fifth may be producers in any one State, as determined

by the Secretary.

(C) Eligible producers

Each additional referendum shall be conducted among all

producers who, during a representative period, as determined by

the Secretary, have been engaged in the production of soybeans

to determine whether such producers favor the termination or

suspension of the order.

(2) Disapproval of order

If the Secretary determines, in any referendum conducted under

paragraph (1), that suspension or termination of the order is

favored by a majority of the producers voting in the referendum,

the Secretary shall suspend or terminate, as appropriate,

collection of assessments under the order within 6 months after

such determination and shall suspend or terminate the order, as

appropriate, in an orderly manner as soon as practicable after

such determination.

(3) Opportunity to request additional referenda

(A) In general

To facilitate the periodic determination as to whether

producers favor the conduct of an additional referendum under

this subsection, the Secretary, 5 years after the conduct of a

referendum under this chapter and every 5 years thereafter,

shall provide soybean producers an opportunity to request an

additional referendum, as provided in this paragraph.

(B) Method of making request

(i) In-person requests

To carry out subparagraph (A), the Secretary shall

establish a procedure under which producers may request a

reconfirmation referendum in person at county extension

offices or county Agricultural Stabilization and Conservation

Service offices during a period established by the Secretary,

or as provided in clause (ii).

(ii) Mail-in requests

In lieu of making such requests in person, producers may

make requests by mail. Mail-in requests shall be postmarked

no later than the end of the period established under clause

(i) for in-person requests. To facilitate such submission of

requests by mail, the Secretary may make mail-in request

forms available to producers.

(C) Notifications

The Secretary shall publish a notice in the Federal Register,

and the Board shall provide written notification to producers,

not later than 60 days prior to the end of the period

established under subparagraph (B)(i) for in-person requests,

of the producers' opportunity to request the additional

referendum. Such notifications shall explain the producers'

rights to, and the procedure specified in this subsection for,

the conduct of an additional referendum, the purpose of the

referendum, and the date and method by which producers may act

to request the additional referenda under this paragraph. The

Secretary shall take such other actions as the Secretary

determines are necessary to ensure that producers are made

aware of the opportunity to request an additional referendum on

the order.

(D) Action by Secretary

As soon as practicable following the submission of requests

for a reconsideration referendum, the Secretary shall determine

whether a sufficient number of producers have requested an

additional referendum, and take other steps to conduct an

additional referendum, as are required under paragraph (1).

(E) Time limit

Any additional referendum requested under the procedures

provided in this paragraph shall be conducted not later than 1

year after the Secretary determines that a representative group

of producers, as described in paragraph (1)(B), have requested

the conduct of such referendum.

(c) Procedures

(1) Reimbursement of Secretary

The Secretary shall be reimbursed from assessments collected by

the Board for any expenses incurred by the Secretary in

connection with the conduct of any activity required under this

section, except for the salaries of Government employees

associated with the conduct of a referendum under subsections (a)

and (b) of this section.

(2) Date

Each referendum shall be conducted for a reasonable period of

time not to exceed 3 days, established by the Secretary, under a

procedure whereby producers intending to vote in the referendum

shall certify that they were engaged in the production of

soybeans during the representative period and, at the same time,

shall be provided an opportunity to vote in the referendum.

(3) Place

Referenda shall be conducted at county extension offices and

provision shall be made for absentee mail ballots to be provided

on request. Absentee mail ballots shall be furnished by the

Secretary on request made in person, by mail, or by telephone.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1970, Nov. 28, 1990, 104 Stat.

3898; Pub. L. 102-237, title VIII, Sec. 806(2), Dec. 13, 1991, 105

Stat. 1883.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b)(3)(A). Pub. L. 102-237 made technical

amendment to reference to this chapter to correct reference to

corresponding provision of original act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6304, 6309 of this title.

-CITE-

7 USC Sec. 6306 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6306. Petition and review

-STATUTE-

(a) Petition

(1) In general

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

with the Secretary a petition -

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

any obligation imposed in connection with the order is not

established in accordance with law; and

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

from the order.

(2) Hearings

The petitioner shall be given the opportunity for a hearing on

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

regulations issued by the Secretary.

(3) Ruling

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

ruling on the petition that is the subject of the hearing, which

shall be final if such ruling is in accordance with applicable

law.

(b) Review

(1) Commencement of action

The district court of the United States in any district in

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

section resides or carries on business shall have jurisdiction to

review a ruling on the petition of such person under such

subsection, if a complaint for that purpose is filed not later

than 20 days after the date of the entry of a ruling by the

Secretary under such subsection (a) of this section.

(2) Process

Service of process in a proceeding under paragraph (1) shall be

conducted in accordance with the Federal Rules of Civil

Procedure.

(3) Remands

If the court determines, under paragraph (1), that a ruling

issued under subsection (a)(3) of this section is not in

accordance with applicable 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

6307 of this title.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1971, Nov. 28, 1990, 104 Stat.

3900.)

-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 sections 6307, 6308 of this title.

-CITE-

7 USC Sec. 6307 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6307. Enforcement

-STATUTE-

(a) Jurisdiction

The district courts of the United States are vested with

jurisdiction specifically to enforce, and to prevent and restrain

any person from violating, any order or regulation made or issued

under this chapter.

(b) Referral to Attorney General

A civil action authorized to be commenced under this section

shall be referred to the Attorney General for appropriate action,

except that the Secretary shall not be required to refer to the

Attorney General a violation of this chapter, if the Secretary

believes that the administration and enforcement of this chapter

would be adequately served by providing a suitable written notice

or warning to the person who committed such violation or by

administrative action under section 6306 of this title.

(c) Civil penalties and orders

(1) Civil penalties

Any person who willfully violates any provision of any order or

regulation issued by the Secretary under this chapter, or who

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

duly required of the person under the order or regulations, may

be assessed -

(A) a civil penalty by the Secretary of not more than $1,000

for each such violation; and

(B) in the case of a willful failure to pay, collect, or

remit an assessment as required by the order or regulation, an

additional penalty equal to the amount of such assessment.

Each violation shall be a separate offense.

(2) Cease-and-desist orders

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

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

and desist from continuing any 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 person against

whom the penalty is assessed or the order is issued is given

notice and opportunity for a hearing before the Secretary with

respect to such violation.

(4) Finality

The order of the Secretary assessing a penalty or imposing a

cease-and-desist order under this subsection shall be final and

conclusive unless the affected person files an appeal of the

Secretary's order with the appropriate district court of the

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

(d) Review by district court

(1) Commencement of action

Any person who has been determined to be in violation of this

chapter, or against whom a civil penalty has been assessed or a

cease-and-desist order issued under subsection (c) of this

section, may obtain review of the penalty or order by -

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

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

-

(i) the district court of the United States for the

district in which the person resides or conducts business; or

(ii) the United States District Court for the District of

Columbia; and

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

mail to the Secretary.

(2) Record

The Secretary shall file promptly in the appropriate court

referred to in paragraph (1), a certified copy of the record on

which the Secretary has determined that the person had committed

a violation.

(3) Standard of review

A finding of the Secretary under this section shall be set

aside only if such 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 issued

under this section after such order has become final and

unappealable, or after the appropriate United States district court

has entered a final judgment in favor of the Secretary, shall be

subject to a civil penalty assessed by the Secretary, after

opportunity for a hearing and for judicial review under the

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

not more than $5,000 for each offense. Each day during which such

failure continues shall be considered as a separate violation of

such order.

(f) Failure to pay penalties

If any person fails to pay an assessment of a civil penalty under

this section after it has become a final and unappealable order, or

after the appropriate United States district court has entered

final judgment in favor of the Secretary, the Secretary shall refer

the matter to the Attorney General for recovery of the amount

assessed in the district court in which the person resides or

conducts business. In such action, the validity and

appropriateness of the final order imposing the civil penalty shall

not be subject to review.

(g) Additional remedies

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

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

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1972, Nov. 28, 1990, 104 Stat.

3901.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6306, 6308 of this title.

-CITE-

7 USC Sec. 6308 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6308. Investigations and power to subpoena

-STATUTE-

(a) Investigations

The Secretary may make such investigations as the Secretary

considers necessary -

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

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

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

order, rule, or regulation issued under this chapter.

(b) Subpoenas, oaths, and affirmations

(1) In general

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

this section, the Secretary may administer oaths and

affirmations, and issue a subpoena to require the production of

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

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

States.

(2) Administrative hearings

For the purpose of an administrative hearing held under section

6306 or 6307 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 the 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 an order of the court under this section 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 6306 or 6307 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. 1973, Nov. 28, 1990, 104 Stat.

3902.)

-CITE-

7 USC Sec. 6309 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6309. Administrative provisions

-STATUTE-

(a) Construction

Except as provided in subsection (b) of this section, nothing in

this chapter may be construed to -

(1) preempt or supersede any other program relating to soybean

promotion, research, consumer information, or industry

information organized and operated under the laws of the United

States or any State; or

(2) authorize the withholding of any information from Congress.

(b) State laws

(1) Referenda on qualified State soybean boards

To ensure the proper administration of this chapter, no State

may conduct a referendum relating to the continuation or

termination of a qualified State soybean board or State soybean

assessment -

(A) during the period beginning on the date an order is

issued under section 6303 of this title and ending 18 months

after the referendum on such order is conducted under section

6305(a) of this title; or

(B) if such order is approved under the referendum conducted

under section 6305(a) of this title by a majority of producers

voting in such State, such State law shall be suspended for an

additional 36 months.

(2) Exception

Paragraph (1) shall not be construed to apply to -

(A) a State referendum concerning the approval of

modifications to a State soybean promotion program that does

not involve termination of the qualified State soybean board or

State soybean assessment; and

(B) any State referendum regarding a State soybean promotion

program that is originated by soybean producers.

(3) Assessments collected by qualified State soybean boards

To ensure adequate funding of the operations of qualified State

soybean boards under this chapter, whenever an order is in effect

under this chapter, no State law or regulation that limits the

rate of assessment that the qualified State soybean board in that

State may collect from producers on soybeans produced in such

State, or that has the effect of limiting such rate, may be

applied to prohibit such State board from collecting, and

expending for authorized purposes, assessments from producers of

up to the full amount of the credit authorized for producer

contributions to qualified State soybean boards under section

6304(l)(4) of this title.

(c) Amendments to orders

The provisions of this chapter applicable to orders shall be

applicable to amendments to orders.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1974, Nov. 28, 1990, 104 Stat.

3903; Pub. L. 102-237, title VIII, Sec. 806(3), Dec. 13, 1991, 105

Stat. 1883.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-237, Sec. 806(3)(B), redesignated

second subsec. (b), relating to amendments to orders, as (c).

Subsec. (b)(3). Pub. L. 102-237, Sec. 806(3)(A), substituted

''section 6304(l)(4)'' for ''section 6304(k)(4)''.

Subsec. (c). Pub. L. 102-237, Sec. 806(3)(B), redesignated second

subsec. (b), relating to amendments of orders, as (c).

-CITE-

7 USC Sec. 6310 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6310. Suspension or termination of orders

-STATUTE-

The Secretary shall, whenever the Secretary finds that the order

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

effectuate the declared policy of this chapter, terminate or

suspend the operation of such order or provision. The termination

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

considered an order within the meaning of this chapter.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1975, Nov. 28, 1990, 104 Stat.

3904.)

-CITE-

7 USC Sec. 6311 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 92 - SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-

Sec. 6311. Authorization of appropriations; regulations

-STATUTE-

(a) In general

There are authorized to be appropriated for each fiscal year such

funds as are necessary to carry out this chapter.

(b) Administrative expenses

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

be available for payment of the expenses or expenditures of the

Board or the Committee in administering any provision of any order

issued under this chapter.

(c) Regulations

The Secretary may issue such regulations as are necessary to

carry out this chapter, including regulations relating to the

assessment of late payment charges.

-SOURCE-

(Pub. L. 101-624, title XIX, Sec. 1976, Nov. 28, 1990, 104 Stat.

3904.)

-CITE-