-CITE-
    7 USC CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER
           INFORMATION                                     01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
      CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION  

-MISC1-
    Sec.                                                     
    6201.       Findings, purposes, and limitations.                  
    6202.       Definitions.                                          
    6203.       Issuance of orders.                                   
    6204.       Required terms in orders.                             
    6205.       Permissive terms in orders.                           
    6206.       Petition and review.                                  
    6207.       Enforcement.                                          
    6208.       Investigations and power to subpoena.                 
    6209.       Initial referendum.                                   
    6210.       Suspension and termination.                           
    6211.       Authorization of appropriations.                      
    6212.       Regulations.                                          

-End-



-CITE-
    7 USC Sec. 6201                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6201. Findings, purposes, and limitations

-STATUTE-
    (a) Findings
      Congress finds that - 
        (1) domestically produced limes are grown by many individual
      producers;
        (2) virtually all domestically produced limes are grown in the
      States of Florida and California;
        (3) limes move in interstate and foreign commerce, and limes
      that do not move in such channels of commerce directly burden or
      affect interstate commerce in limes;
        (4) in recent years, large quantities of limes have been
      imported into the United States;
        (5) the maintenance and expansion of existing domestic and
      foreign markets for limes and the development of additional and
      improved markets for limes are vital to the welfare of lime
      producers and other persons concerned with producing, marketing,
      or processing limes;
        (6) a coordinated program of research, promotion, and consumer
      information regarding limes is necessary for the maintenance and
      development of such markets; and
        (7) lime producers, lime producer-handlers, lime handlers, and
      lime importers are unable to implement and finance such a program
      without cooperative action.
    (b) Purposes
      The purposes of this chapter are - 
        (1) to authorize the establishment of an orderly procedure for
      the development and financing (through an adequate assessment) of
      an effective and coordinated program of research, promotion, and
      consumer information regarding limes designed - 
          (A) to strengthen the position of the lime industry in
        domestic and foreign markets, and
          (B) to maintain, develop, and expand markets for limes; and

        (2) to treat domestically produced and imported limes
      equitably.
    (c) Limitations
      Nothing in this chapter shall be construed to require quality
    standards for limes, control the production of limes, or otherwise
    limit the right of the individual producers to produce limes.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1952, Nov. 28, 1990, 104 Stat.
    3870.)


-MISC1-
                       SHORT TITLE OF 1993 AMENDMENT                   
      Pub. L. 103-194, Sec. 1, Dec. 14, 1993, 107 Stat. 2294, provided
    that: "This Act [amending sections 6202, 6204, and 6209 of this
    title and enacting provisions set out as a note below] may be cited
    as the 'Lime Research, Promotion, and Consumer Information
    Improvement Act'."

                                SHORT TITLE                            
      Section 1951 of Pub. L. 101-624 provided that: "This subtitle
    [subtitle D (Secs. 1951-1963) of title XIX of Pub. L. 101-624,
    enacting this chapter] may be cited as the 'Lime Research,
    Promotion, and Consumer Information Act of 1990'."

            LEGISLATIVE FINDINGS AND PURPOSE OF PUB. L. 103-194        
      Pub. L. 103-194, Sec. 2, Dec. 14, 1993, 107 Stat. 2294, provided
    that:
      "(a) Findings. - Congress finds the following:
        "(1) The Lime Research, Promotion, and Consumer Information Act
      of 1990 [7 U.S.C. 6201 et seq.] was enacted on November 28, 1990,
      for the purpose of establishing an orderly procedure for the
      development and financing of an effective and coordinated program
      of research, promotion, and consumer information to strengthen
      the domestic and foreign markets for limes.
        "(2) The lime research, promotion, and consumer information
      order required by such Act became effective on January 27, 1992.
        "(3) Although the intent of such Act was to cover seedless
      limes, the definition of the term 'lime' in section 1953(6) of
      such Act [7 U.S.C. 6202(6)] applies to seeded limes. Therefore,
      the Act and the order need to be revised before a research,
      promotion, and consumer information program on seedless limes can
      go into effect.
        "(4) Since the enactment of the Lime Research, Promotion, and
      Consumer Information Act of 1990, the United States production of
      fresh market limes has plummeted and the volume of imports has
      risen dramatically. The drop in United States production is
      primarily due to damage to lime orchards in the State of Florida
      by Hurricane Andrew in August 1992. United States production is
      not expected to reach pre-Hurricane Andrew levels for possibly
      two to three years because a majority of the United States
      production of limes is in Florida.
      "(b) Purposes. - The purpose of this Act [see Short Title of 1993
    Amendment note above] is - 
        "(1) to revise the definition of the term 'lime' in order to
      cover seedless and not seeded limes;
        "(2) to increase the exemption level;
        "(3) to delay the initial referendum date; and
        "(4) to alter the composition of the Lime Board."

-End-



-CITE-
    7 USC Sec. 6202                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6202. Definitions

-STATUTE-
      As used in this chapter:
      (1) Board
        The term "Board" means the Lime Board provided for under
      section 6204(b) of this title.
      (2) Consumer information
        The term "consumer information" means any action taken to
      provide information to, and broaden the understanding of, the
      general public regarding the use, nutritional attributes, and
      care of limes.
      (3) Handle
        The term "handle" means to sell, purchase, or package limes.
      (4) Handler
        The term "handler" means any person in the business of handling
      limes.
      (5) Importer
        The term "importer" means any person who imports limes into the
      United States.
      (6) Lime
        The term "lime" means the fruit of a citrus latifolia tree for
      the fresh market.
      (7) Marketing
        The term "marketing" means the sale or other disposition of
      limes in commerce.
      (8) Order
        The term "order" means a lime research, promotion, and consumer
      information order issued by the Secretary under section 6203(a)
      of this title.
      (9) Person
        The term "person" means any individual, group of individuals,
      partnership, corporation, association, cooperative, or other
      legal entity.
      (10) Producer
        The term "producer" means any person who produces limes in the
      United States for sale in commerce.
      (11) Producer-handler
        The term "producer-handler" means any person who is both a
      producer and handler of limes.
      (12) Promotion
        The term "promotion" means any action taken under this chapter
      (including paid advertising) to present a favorable image for
      limes to the general public with the express intent of improving
      the competitive position and stimulating the sale of limes.
      (13) Research
        The term "research" means any type of research relating to the
      use and nutritional value of limes and designed to advance the
      image, desirability, marketability, or quality of limes.
      (14) Secretary
        The term "Secretary" means the Secretary of Agriculture.
      (15) State and United States
        The term - 
          (A) "State" means each of the 50 States of the United States,
        the District of Columbia, and the Commonwealth of Puerto Rico;
        and
          (B) "United States" means the 50 States of the United States,
        the District of Columbia, and the Commonwealth of Puerto Rico.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1953, Nov. 28, 1990, 104 Stat.
    3871; Pub. L. 103-194, Sec. 3, Dec. 14, 1993, 107 Stat. 2295.)


-MISC1-
                                AMENDMENTS                            
      1993 - Par. (6). Pub. L. 103-194 substituted "citrus latifolia"
    for "citrus aurantifolia".

-End-



-CITE-
    7 USC Sec. 6203                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6203. Issuance of orders

-STATUTE-
    (a) In general
      Subject to this chapter, and to effectuate the declared purposes
    of this chapter, the Secretary shall issue and, from time to time,
    amend lime research, promotion, and consumer information orders
    applicable to handlers, producers, producer-handlers, and importers
    of limes. Any such order shall be national in scope. Not more than
    one order shall be in effect under this chapter at any one time.
    (b) Procedure
      (1) Proposal for issuance of order
        Any person that will be affected by this chapter may request
      the issuance of, and submit a proposal for, an order under this
      chapter.
      (2) Proposed order
        Not later than 60 days after the receipt of a request and
      proposal by an interested person for 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 of this chapter.
      (4) Effective date of order
        Such order shall be issued and become effective not later than
      150 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. 1954, Nov. 28, 1990, 104 Stat.
    3872.)

-End-



-CITE-
    7 USC Sec. 6204                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6204. Required terms in orders

-STATUTE-
    (a) In general
      An order issued by the Secretary under section 6203(a) of this
    title shall contain the terms and conditions described in this
    section and, except as provided in section 6205 of this title, no
    other terms or conditions.
    (b) Lime Board
      Such order shall provide for the establishment of a Lime Board as
    follows:
      (1) Membership
        The Board shall be composed of - 
          (A) 3 members who are producers and who are not exempt from
        an assessment under subsection (d)(5)(A) of this section;
          (B) 3 members who are importers and who are not exempt from
        an assessment under subsection (d)(5)(A) of this section; and
          (C) one member appointed from the general public.
      (2) Appointment and nomination
        (A) Appointment
          The Secretary shall appoint the members of the Board.
        (B) Producers
          The 3 members who are producers shall be appointed from
        individuals nominated by lime producers.
        (C) Importers
          The 3 members who are importers shall be appointed from
        individuals nominated by lime importers.
        (D) Public
          The public representative shall be appointed from nominations
        of the Board.
        (E) Failure to nominate
          If producers and importers fail to nominate individuals for
        appointment, the Secretary may appoint members on a basis
        provided for in the order. If the Board fails to nominate a
        public representative, such member may be appointed by the
        Secretary without a nomination.
        (F) 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 paragraph (1), the Secretary shall perform the
        functions of the Board under this subsection as the Secretary
        determines necessary and appropriate. The Secretary shall
        terminate the initial Board established under this subsection
        as soon as practicable after December 14, 1993.
        (G) Board allocation
          The producer and importer representation on the Board shall
        be allocated on the basis of 2 producer members and 1 importer
        member from the district east of the Mississippi River and 1
        producer member and 2 importer members from the district west
        of the Mississippi River.
      (3) Alternates
        The Secretary shall appoint an alternate for each member of the
      Board. An alternate shall - 
          (A) be appointed in the same manner as the member for whom
        such individual is an alternate; and
          (B) serve on the Board if such member is absent from a
        meeting or is disqualified under paragraph (5).
      (4) Terms
        The initial members of the Board appointed under the amended
      order shall serve a term of 30 months. Subsequent appointments to
      the Board shall be for a term of 3 years, except that - 
          (A) 2 members shall be appointed for a term of 1 year;
          (B) 2 members shall be appointed for a term of 2 years; and
          (C) 3 members shall be appointed for a term of 3 years;

      as designated by the Secretary at the time of appointment.
      (5) Replacement
        If a member or alternate of the Board who was appointed as a
      producer, importer, or public representative ceases to belong to
      the group for which such member was appointed, such member or
      alternate shall be disqualified from serving on the Board.
      (6) Compensation
        Members and alternates of the Board shall serve without pay.
      (7) Travel expenses
        While away from their homes or regular places of business in
      the performance of duties for the Board, members and alternates
      shall be allowed travel expenses, including a per diem allowance
      in lieu of subsistence, in the same manner as persons employed
      intermittently in Government service are allowed travel expenses
      under section 5703 of title 5.
      (8) Powers and duties
        The Board shall - 
          (A) administer orders issued by the Secretary under section
        6203(a) of this title, and amendments to such orders, in
        accordance with their terms and provisions and consistent with
        this chapter;
          (B) prescribe rules and regulations to effectuate the terms
        and provisions of such orders;
          (C) receive, investigate, and report to the Secretary
        accounts of violations of such orders;
          (D) make recommendations to the Secretary with respect to
        amendments that should be made to such orders; and
          (E) employ a manager and staff.
    (c) Budgets and plans
      Such order shall provide for periodic budgets and plans as
    follows:
      (1) Budgets
        The Board shall prepare and submit to the Secretary a budget
      (on a fiscal period basis determined by the Secretary) of the
      anticipated expenses and disbursements of the Board in the
      administration of the order, including probable costs of
      research, promotion, and consumer information. A budget shall
      take effect on the approval of the Secretary.
      (2) Plans
        Each budget shall include a plan for research, promotion, and
      consumer information regarding limes. A plan under this paragraph
      shall take effect on the approval of the Secretary. The Board may
      enter into contracts and agreements, with the approval of the
      Secretary, for - 
          (A) the development and carrying out of such plan; and
          (B) the payment of the cost of such plan with funds collected
        pursuant to this chapter.
    (d) Assessments
      Such order shall provide for the imposition and collection of
    assessments with regard to the production and importation of limes
    as follows:
      (1) Rate
        The assessment rate shall not exceed $.01 per pound of limes.
      (2) Collection by first handlers
        Except as provided in paragraph (4), the first handler of limes
      shall - 
          (A) be responsible for the collection from the producer, and
        payment to the Board, of assessments under this subsection; and
          (B) maintain a separate record of the limes of each producer
        whose limes are so handled, including the limes owned by the
        handler.
      (3) Producer-handlers
        For purposes of paragraph (2), a producer-handler shall be
      considered the first handler of limes produced by such producer-
      handler.
      (4) Importers
        The assessment on imported limes shall be paid by the importer
      at the time of entry into the United States and shall be remitted
      to the Board.
      (5) De minimis exception
        The following persons are exempt from an assessment under this
      subsection - 
          (A) a producer who produces less than 200,000 pounds of limes
        per year;
          (B) a producer-handler who produces and handles less than
        200,000 pounds of limes per year; and
          (C) an importer who imports less than 200,000 pounds of limes
        per year.
      (6) Claiming an exemption
        To claim an exemption under paragraph (5) for a particular
      year, a person shall submit an application to the Board - 
          (A) stating the basis for such exemption; and
          (B) certifying that such person will not exceed the
        limitation required for such exemption in such year.
    (e) Use of assessments
      (1) In general
        Such order shall provide that funds paid to the Board as
      assessments under subsection (d) of this section - 
          (A) may be used by the Board to - 
            (i) pay for research, promotion, and consumer information
          described in the budget of the Board under subsection (c) of
          this section and for other expenses incurred by the Board in
          the administration of an order;
            (ii) pay such other expenses for the administration,
          maintenance, and functioning of the Board as may be
          authorized by the Secretary; and
            (iii) fund a reserve established under section 6205(4) of
          this title; and

          (B) shall be used to pay the expenses incurred by the
        Secretary, including salaries and expenses of Government
        employees in implementing and administering the order, except
        as provided in paragraph (2).
      (2) Referenda
        Such order shall provide that the Board shall reimburse the
      Secretary, from assessments collected under subsection (d) of
      this section, for any expenses incurred by the Secretary in
      conducting referenda under this chapter, except for the salaries
      of Government employees.
    (f) False claims
      Such order shall provide that any promotion funded with
    assessments collected under subsection (d) of this section may not
    make - 
        (1) any false or unwarranted claims on behalf of limes; and
        (2) any false or unwarranted statements with respect to the
      attributes or use of any product that competes with limes for
      sale in commerce.
    (g) Prohibition on use of funds
      Such order shall provide that funds collected by the Board under
    this chapter through assessments authorized by this chapter may
    not, in any manner, be used for the purpose of influencing
    legislation or governmental policy or action, except for making
    recommendations to the Secretary as provided for in this chapter.
    (h) Books, records, and reports
      (1) By the Board
        Such order shall require the Board - 
          (A) to maintain books and records with respect to the receipt
        and disbursement of funds received by the Board;
          (B) to submit to the Secretary from time to time such reports
        as the Secretary may require for appropriate accounting; and
          (C) to submit to the Secretary at the end of each fiscal year
        a complete audit report regarding the activities of the Board
        during such fiscal year.
      (2) By others
        So that information and data will be available to the Board and
      the Secretary that is appropriate or necessary for the
      effectuation, administration, or enforcement of this chapter (or
      any order or regulation issued under this chapter), such order
      shall require handlers, producer-handlers, and importers who are
      responsible for the collection, payment, or remittance of
      assessments under subsection (d) of this section - 
          (A) to maintain and make available for inspection by the
        employees of the Board and the Secretary such books and records
        as may be required by the order; and
          (B) to file, at the times, in the manner, and having the
        content prescribed by the order, reports regarding the
        collection, payment, or remittance of such assessments.
    (i) Confidentiality
      (1) In general
        Such order shall require that all information obtained pursuant
      to subsection (h)(2) of this section shall be kept confidential
      by all officers and employees of the Department and of the Board.
      Only such information as the Secretary considers relevant shall
      be disclosed to the public and only in a suit or administrative
      hearing, brought at the request of the Secretary or to which the
      Secretary or any officer of the United States is a party,
      involving the order with respect to which the information was
      furnished or acquired.
      (2) Limitations
        Nothing in this subsection prohibits - 
          (A) issuance of general statements based on the reports of a
        number of handlers, producer-handlers, and importers subject to
        an order, if the statements do not identify the information
        furnished by any person; or
          (B) the publication by direction of the Secretary, of the
        name of any person violating an order issued under section
        6203(a) of this title, together with a statement of the
        particular provisions of the order violated by such person.
    (j) Withholding information
      Nothing in this chapter shall be construed to authorize the
    withholding of information from Congress.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1955, Nov. 28, 1990, 104 Stat.
    3872; Pub. L. 102-237, title VIII, Sec. 805(1), Dec. 13, 1991, 105
    Stat. 1882; Pub. L. 103-194, Sec. 4, Dec. 14, 1993, 107 Stat.
    2295.)


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (b)(1)(A), (2)(B). Pub. L. 103-194, Sec. 4(a)(1),
    (2), substituted "3" for "7".
      Subsec. (b)(2)(F). Pub. L. 103-194, Sec. 4(a)(3), inserted at end
    "The Secretary shall terminate the initial Board established under
    this subsection as soon as practicable after December 14, 1993."
      Subsec. (b)(2)(G). Pub. L. 103-194, Sec. 4(a)(4), added subpar.
    (G).
      Subsec. (b)(4). Pub. L. 103-194, Sec. 4(b)(1), substituted "The
    initial members of the Board appointed under the amended order
    shall serve a term of 30 months. Subsequent appointments to the
    Board shall be for a term of 3 years, except that - " for "Members
    of the Board shall be appointed for a term of 3 years. Of the
    members first appointed - ".
      Subsec. (b)(4)(A). Pub. L. 103-194, Sec. 4(b)(2), substituted "2"
    for "3".
      Subsec. (b)(4)(B). Pub. L. 103-194, Sec. 4(b)(3), substituted "2"
    for "4" before "members".
      Subsec. (b)(4)(C). Pub. L. 103-194, Sec. 4(b)(4), substituted "3"
    for "4" before "members".
      Subsec. (d)(5). Pub. L. 103-194, Sec. 4(c), substituted "200,000"
    for "35,000", wherever appearing.
      1991 - Subsec. (e)(1)(B). Pub. L. 102-237 substituted "Government
    employees" for "government employees".

-End-



-CITE-
    7 USC Sec. 6205                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6205. Permissive terms in orders

-STATUTE-
      On the recommendation of the Board and with the approval of the
    Secretary, an order issued under section 6203(a) of this title may -
     
        (1) provide authority to the Board to exempt from such order
      limes exported from the United States, subject to such safeguards
      as the Board may establish to ensure proper use of the exemption;
        (2) provide authority to the Board to designate different
      handler payment and reporting schedules to recognize differences
      in marketing practices and procedures;
        (3) provide that the Board may convene from time to time
      working groups drawn from producers, handlers, producer-handlers,
      importers, exporters, or the general public to assist in the
      development of research and marketing programs for limes;
        (4) provide authority to the Board to accumulate reserve funds
      from assessments collected pursuant to section 6204(d) of this
      title to permit an effective and continuous coordinated program
      of research, promotion, and consumer information, in years in
      which production and assessment income may be reduced, except
      that any reserve fund so established may not exceed the amount
      budgeted for operation of this chapter for 1 year;
        (5) provide authority to the Board to use, with the approval of
      the Secretary, funds collected under section 6204(d) of this
      title for the development and expansion of lime sales in foreign
      markets; and
        (6) provide for terms and conditions - 
          (A) incidental to, and not inconsistent with, the terms and
        conditions specified in this chapter; and
          (B) necessary to effectuate the other provisions of such
        order.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1956, Nov. 28, 1990, 104 Stat.
    3876.)

-End-



-CITE-
    7 USC Sec. 6206                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6206. Petition and review

-STATUTE-
    (a) Petition
      (1) In general
        A person subject to an order may file with the Secretary a
      petition - 
          (A) stating that such order, a provision of such order, or an
        obligation imposed in connection with such order is not in
        accordance with law; and
          (B) requesting a modification of the order or an exemption
        from the order.
      (2) Hearings
        A person submitting a petition under paragraph (1) shall be
      given an opportunity for a hearing on the petition, in accordance
      with regulations issued by the Secretary.
      (3) Ruling
        After the 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 such 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 the 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 action as, in the opinion of the
        court, the law requires.
      (4) Enforcement
        The pendency of proceedings instituted pursuant to subsection
      (a) of this section shall not impede, hinder, or delay the
      Attorney General or the Secretary from obtaining relief pursuant
      to section 6207 of this title.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1957, Nov. 28, 1990, 104 Stat.
    3876.)

-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.

-End-



-CITE-
    7 USC Sec. 6207                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6207. Enforcement

-STATUTE-
    (a) Jurisdiction
      Each district court of the United States shall have jurisdiction
    specifically to enforce, and to prevent and restrain any person
    from violating, any order or regulation made or issued by the
    Secretary under this chapter.
    (b) Referral to Attorney General
      A civil action authorized 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 order or regulation issued
    under this chapter, if the Secretary believes that the
    administration and enforcement of this chapter would be adequately
    served by administrative action under subsection (c) of this
    section or suitable written notice or warning to any person
    committing the violation.
    (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 regulation, may be
      assessed a civil penalty by the Secretary of not less than $500
      nor more than $5,000 for each such violation. Each violation
      shall be a separate offense.
      (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 order assessing a penalty or cease and desist order may be
      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 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 shall be final and conclusive unless the
      person against whom the order is issued files an appeal from such
      order with the appropriate district court of the United States,
      in accordance with subsection (d) of this section.
    (d) Review by United States district court
      (1) Commencement of action
        Any person against whom a violation is found and a civil
      penalty assessed or cease and desist order issued under
      subsection (c) of this section may obtain review of the penalty
      or order in the district court of the United States for the
      district in which such person resides or does business, or the
      United States District Court for the District of Columbia, by - 
          (A) filing a notice of appeal in such court not later than 30
        days after the date of such order; and
          (B) simultaneously sending a copy of such 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 issued by
    the Secretary after the 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 $500 for
    each offense. Each day during which such failure continues shall be
    considered a separate violation of such order.
    (f) Failure to pay penalties
      If a person fails to pay an assessment of a civil penalty after
    it has become a final and unappealable order issued by the
    Secretary, 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 of the United States in any
    district in which the person resides or conducts business. In such
    action, the validity and appropriateness of the final order
    imposing such civil penalty shall not be subject to review.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1958, Nov. 28, 1990, 104 Stat.
    3877; Pub. L. 102-237, title VIII, Sec. 805(2), Dec. 13, 1991, 105
    Stat. 1882.)


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (d)(1). Pub. L. 102-237 substituted "United States
    District Court" for "United States district court".

-End-



-CITE-
    7 USC Sec. 6208                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6208. Investigations and power to subpoena

-STATUTE-
    (a) In general
      The Secretary may make such investigations as the Secretary
    considers necessary - 
        (1) for the effective carrying out of the responsibilities of
      the Secretary under this chapter; or
        (2) to determine whether a person subject to the provisions of
      this chapter has engaged or is engaging in any act that
      constitutes a violation of any provision of this chapter, or any
      order, rule, or regulation issued under this chapter.
    (b) Power to subpoena
      (1) Investigations
        For the purpose of an investigation made under subsection (a)
      of this section, the Secretary may administer oaths and
      affirmations and may 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
      6206 or 6207 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 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
    of 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 6206 or 6207 of this
    title shall be within the judicial district where such person is an
    inhabitant or has a principal place of business.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1959, Nov. 28, 1990, 104 Stat.
    3878; Pub. L. 102-237, title VIII, Sec. 805(3), Dec. 13, 1991, 105
    Stat. 1882.)


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (b)(2). Pub. L. 102-237 struck out "section" after
    "6206 or".

-End-



-CITE-
    7 USC Sec. 6209                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6209. Initial referendum

-STATUTE-
    (a) Requirement
      Not later than 30 months after the date on which the collection
    of assessments begins under the order pursuant to section 6204(d)
    of this title, the Secretary shall conduct a referendum among
    producers, producer-handlers, and importers who - 
        (1) are not exempt from assessment under section 6204(d)(5) of
      this title; and
        (2) produced or imported limes during a representative period
      as determined by the Secretary.
    (b) Purpose of referendum
      The referendum referred to in subsection (a) of this section is
    for the purpose of determining whether the issuance of the order is
    approved or favored by not less than a majority of the producers,
    producer-handlers, and importers voting in the referendum. The
    order shall continue in effect only with such a majority.
    (c) Confidentiality
      The ballots and other information or reports that reveal, or tend
    to reveal, the vote of any person under this section, or section
    6210 of this title, shall be held strictly confidential and shall
    not be disclosed.
    (d) Refund of assessments from escrow account
      (1) In general
        A portion of the assessments collected from producers, producer-
      handlers, and importers prior to announcement of the results of
      the referendum provided for in this section shall be held in an
      escrow account until the results of the referendum are published
      by the Secretary. The amount in the escrow account shall be equal
      to the product obtained by multiplying the total amount of
      assessments collected during such period by 10 percent.
      (2) Approval of order
        If the order is approved by a majority of the producers,
      producer-handlers, and importers voting in the initial referendum
      under subsection (a) of this section, the funds in the escrow
      account shall be released to be used for the purposes of this
      chapter.
      (3) Disapproval of order
        (A) Proration
          If - 
            (i) the amount in the escrow account required by paragraph
          (1) is not sufficient to refund the total amount of
          assessments demanded by producers, producer-handlers, or
          importers; and
            (ii) the plan is not approved pursuant to the referendum
          conducted under subsection (a) of this section;

        the Board shall prorate the amount of such refunds among all
        eligible producers, producer-handlers, or importers who demand
        such refund.
        (B) Right to refund
          A producer, producer-handler, or importer shall be eligible
        to receive a refund - 
            (i) if demand is made personally, in accordance with
          regulations and on a form and within a time period prescribed
          by the Board, but in no event less than 90 days after the
          date of publication of the results of the referendum; and
            (ii) on submission of proof satisfactory to the Board that
          the person paid the assessment for which refund is sought and
          did not collect the assessment from another person.
        (C) Surplus funds
          Any funds not refunded under this paragraph shall be released
        to be used to carry out this chapter.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1960, Nov. 28, 1990, 104 Stat.
    3879; Pub. L. 103-194, Sec. 5, Dec. 14, 1993, 107 Stat. 2295.)


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-194 substituted "Not later than
    30 months after the date on which the collection of assessments
    begins under the order pursuant to section 6204(d) of this title,"
    for "Not later than 2 years after the date on which the Secretary
    first issues an order under section 6203(a),".

-End-



-CITE-
    7 USC Sec. 6210                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6210. Suspension and termination

-STATUTE-
    (a) Finding of Secretary
      If the Secretary finds that an order issued under section 6203(a)
    of this title, or a provision of such order, obstructs or does not
    tend to effectuate the purposes of this chapter, the Secretary
    shall terminate or suspend the operation of such order or
    provision.
    (b) Periodic referenda
      The Secretary may periodically conduct a referendum to determine
    if lime producers, producer-handlers, and importers favor the
    continuation, termination, or suspension of any order issued under
    section 6203(a) of this title and in effect at the time of such
    referendum.
    (c) Required referenda
      The Secretary shall hold a referendum under subsection (b) of
    this section - 
        (1) at the request of the Board; or
        (2) if not less than 10 percent of the lime producers, producer-
      handlers, and importers subject to assessment under this chapter
      submit a petition requesting such a referendum.
    (d) Limitation
      The termination or suspension of any order, or any provision
    thereof, shall not be considered an order within the meaning of
    this chapter.
    (e) Vote
      The Secretary shall suspend or terminate the order at the end of
    the marketing year if the Secretary determines that - 
        (1) the suspension or termination of the order is favored by
      not less than a majority of those persons voting in a referendum
      under subsection (b) of this section; and
        (2) the producers, producer-handlers, and importers comprising
      this majority produce and import more than 50 percent of the
      volume of limes produced and imported by those voting in the
      referendum.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1961, Nov. 28, 1990, 104 Stat.
    3880.)

-End-



-CITE-
    7 USC Sec. 6211                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6211. Authorization of appropriations

-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
      The funds so appropriated shall not be available for payment of
    the expenses or expenditures of the Board in administering any
    provisions of an order issued under this chapter.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1962, Nov. 28, 1990, 104 Stat.
    3880.)

-End-



-CITE-
    7 USC Sec. 6212                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 91 - LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION

-HEAD-
    Sec. 6212. Regulations

-STATUTE-
      The Secretary may issue such regulations as are necessary to
    carry out this chapter.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1963, Nov. 28, 1990, 104 Stat.
    3881.)

-End-