-CITE-
    7 USC CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION        01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
              CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION          

-MISC1-
    Sec.                                                     
    4901.       Congressional findings and declaration of policy.     
    4902.       Definitions.                                          
    4903.       Issuance of plans.                                    
    4904.       Notice and hearings.                                  
    4905.       Regulations.                                          
    4906.       Required terms in plans.                              
    4907.       Permissive terms in plans.                            
    4908.       Assessment procedures.                                
    4909.       Petition and review.                                  
    4910.       Enforcement.                                          
    4911.       Investigation and power to subpoena.                  
    4912.       Requirement of referendum.                            
    4913.       Suspension or termination of plans.                   
    4914.       Amendment procedure.                                  
    4915.       Separability.                                         
    4916.       Authorization of appropriations.                      

-End-

-CITE-
    7 USC Sec. 4901                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4901. Congressional findings and declaration of policy

-STATUTE-
      (a) Congress finds that - 
        (1) the per capita consumption of watermelons in the United
      States has declined steadily in recent years;
        (2) watermelons are an important cash crop to many farmers in
      the United States and are an economical, enjoyable, and healthful
      food for consumers;
        (3) approximately 2,607,600,000 pounds of watermelons with a
      farm value of $158,923,000 were produced in 1981 in the United
      States;
        (4) watermelons move in the channels of interstate commerce,
      and watermelons that do not move in such channels directly affect
      interstate commerce;
        (5) the maintenance and expansion of existing markets and the
      establishment of new or improved markets and uses for watermelons
      are vital to the welfare of watermelon growers and those
      concerned with marketing, using, handling, and importing
      watermelons, as well as the general economic welfare of the
      Nation; and
        (6) the development and implementation of coordinated programs
      of research, development, advertising, and promotion are
      necessary to maintain and expand existing markets and establish
      new or improved markets and uses for watermelons.

      (b) It is declared to be the policy of Congress that it is
    essential in the public interest, through the exercise of the
    powers provided herein, to authorize the establishment of an
    orderly procedure for the development, financing (through adequate
    assessments on watermelons harvested in the United States, or
    imported into the United States, for commercial use), and carrying
    out of an effective, continuous, and coordinated program of
    research, development, advertising, and promotion designed to
    strengthen the watermelon's competitive position in the
    marketplace, and establish, maintain, and expand domestic and
    foreign markets for watermelons. The purpose of this chapter is to
    so authorize the establishment of such procedure and the
    development, financing, and carrying out of such program. Nothing
    in this chapter may be construed to dictate quality standards nor
    provide for the control of production or otherwise limit the right
    of individual watermelon producers to produce watermelons.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1642, Dec. 23, 1985, 99 Stat.
    1622; Pub. L. 103-189, Sec. 8(k)(1), (2), Dec. 14, 1993, 107 Stat.
    2263.)

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a)(5). Pub. L. 103-189, Sec. 8(k)(1), substituted
    "handling, and importing" for "and handling".
      Subsec. (b). Pub. L. 103-189, Sec. 8(k)(2), inserted ", or
    imported into the United States," after "harvested in the United
    States" and struck out "produced in the United States" after
    "foreign markets for watermelons".

                       SHORT TITLE OF 1993 AMENDMENT                   
      Section 1(a) of Pub. L. 103-189 provided that: "This Act
    [amending this section and sections 4902 to 4904, 4906, 4908, and
    4911 to 4914 of this title] may be cited as the 'Watermelon
    Research and Promotion Improvement Act of 1993'."

                                SHORT TITLE                            
      Section 1641 of Pub. L. 99-198 provided that: "This subtitle
    [subtitle C (Secs. 1641-1657) of Pub. L. 99-198, enacting this
    chapter] may be cited as the 'Watermelon Research and Promotion
    Act'."

-End-

-CITE-
    7 USC Sec. 4902                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4902. Definitions

-STATUTE-
      As used in this chapter:
        (1) The term "Secretary" means the Secretary of Agriculture.
        (2) The term "person" means any individual, group of
      individuals, partnership, corporation, association, cooperative,
      or other entity.
        (3) The term "watermelon" means all varieties of watermelon
      grown by producers in the United States or imported into the
      United States.
        (4) The term "handler" means any person (except a common or
      contract carrier of watermelons owned by another person) who
      handles watermelons in a manner specified in a plan issued under
      this chapter or in regulations promulgated thereunder.
        (5) The term "producer" means any person engaged in the growing
      of 10 or more acres of watermelons.
        (6) The term "importer" means any person who imports
      watermelons into the United States.
        (7) The term "plan" means an order issued by the Secretary
      under this chapter.
        (8) The term "promotion" means any action taken by the Board,
      under this chapter, to present a favorable image for watermelons
      to the public with the express intent of improving the
      competitive position of watermelons in the marketplace and
      stimulating sales of watermelons, and shall include, but not be
      limited to, paid advertising.
        (9) The term "Board" means the National Watermelon Promotion
      Board provided for in section 4906 of this title.
        (10) The term "United States" means each of the several States
      and the District of Columbia.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1643, Dec. 23, 1985, 99 Stat.
    1623; Pub. L. 103-189, Secs. 3(a), 8(a), (k)(3), 9(a), Dec. 14,
    1993, 107 Stat. 2259, 2261, 2263, 2264.)

-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-189, Sec. 8(k)(3)(A), substituted "chapter:"
    for "chapter - " in introductory provisions.
      Pars. (1), (2). Pub. L. 103-189, Sec. 8(k)(3)(B), (C),
    substituted "The term" for "the term" and a period for semicolon at
    end.
      Par. (3). Pub. L. 103-189, Sec. 8(a)(1), (k)(3)(B), substituted
    "The term" for "the term" and "or imported into the United States."
    for the semicolon at end.
      Pub. L. 103-189, Sec. 3(a)(1), struck out "the forty-eight
    contiguous States of" after "by producers in".
      Par. (4). Pub. L. 103-189, Sec. 8(k)(3)(B), (C), substituted "The
    term" for "the term" and a period for semicolon at end.
      Par. (5). Pub. L. 103-189, Sec. 9(a), substituted "10" for
    "five".
      Pub. L. 103-189, Sec. 8(k)(3)(B), (C), substituted "The term" for
    "the term" and a period for semicolon at end.
      Pars. (6), (7). Pub. L. 103-189, Sec. 8(a)(2), (3), added pars.
    (6) and (7) and redesignated former pars. (6) and (7) as (8) and
    (9), respectively.
      Par. (8). Pub. L. 103-189, Sec. 8(a)(2), (k)(3)(D), redesignated
    par. (6) as (8) and substituted "The term" for "the term" and a
    period for "; and" at end.
      Par. (9). Pub. L. 103-189, Sec. 8(a)(2), (k)(3)(E), redesignated
    par. (7) as (9) and substituted "The term" for "the term" and
    "4906" for "4903".
      Par. (10). Pub. L. 103-189, Sec. 3(a)(2), added par. (10).

-End-

-CITE-
    7 USC Sec. 4903                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4903. Issuance of plans

-STATUTE-
      To effectuate the declared policy of this chapter, the Secretary
    shall, under the provisions of this chapter, issue, and from time
    to time may amend, orders (applicable to producers, handlers, and
    importers of watermelons) authorizing the collection of assessments
    on watermelons under this chapter and the use of such funds to
    cover the costs of research, development, advertising, and
    promotion with respect to watermelons under this chapter. Any plan
    shall be applicable to watermelons produced in the United States or
    imported into the United States.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1644, Dec. 23, 1985, 99 Stat.
    1623; Pub. L. 103-189, Secs. 3(b), 8(b), Dec. 14, 1993, 107 Stat.
    2259, 2261.)

-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-189, in first sentence, substituted ",
    handlers, and importers" for "and handlers", struck out after first
    sentence "Any order issued by the Secretary under this chapter
    shall hereinafter in this chapter be referred to as a 'plan'.", and
    in last sentence, struck out "the forty-eight contiguous States of"
    after "watermelons produced in", and inserted "or imported into the
    United States" before period at end.

-End-

-CITE-
    7 USC Sec. 4904                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4904. Notice and hearings

-STATUTE-
      (a) When sufficient evidence, as determined by the Secretary, is
    presented to the Secretary by watermelon producers, handlers, and
    importers, or whenever the Secretary has reason to believe that a
    plan will tend to effectuate the declared policy of this chapter,
    the Secretary shall give due notice and opportunity for a hearing
    on a proposed plan. Such hearing may be requested by watermelon
    producers, handlers, or importers or by any other interested
    person, including the Secretary, when the request for such hearing
    is accompanied by a proposal for a plan.
      (b) After notice and opportunity for hearing as provided in
    subsection (a) of this section, the Secretary shall issue a plan if
    the Secretary finds, and sets forth in such plan, on the evidence
    introduced at the hearing that the issuance of the plan and all the
    terms and conditions thereof will tend to effectuate the declared
    policy of this chapter.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1645, Dec. 23, 1985, 99 Stat.
    1623; Pub. L. 103-189, Sec. 8(c), Dec. 14, 1993, 107 Stat. 2261.)

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-189 substituted ", handlers, and
    importers" for "and handlers" and ", handlers, or importers" for
    "or handlers".

-End-

-CITE-
    7 USC Sec. 4905                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4905. Regulations

-STATUTE-
      The Secretary may issue such regulations as may be necessary to
    carry out the provisions of this chapter and the powers vested in
    the Secretary under this chapter.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1646, Dec. 23, 1985, 99 Stat.
    1624.)

-End-

-CITE-
    7 USC Sec. 4906                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4906. Required terms in plans

-STATUTE-
    (a) Description of terms and provisions
      Any plan issued under this chapter shall contain the terms and
    provisions described in this section.
    (b) Establishment and powers of National Watermelon Promotion Board
      The plan shall provide for the establishment by the Secretary of
    the National Watermelon Promotion Board and for defining its powers
    and duties, which shall include the powers to - 
        (1) administer the plan in accordance with its terms and
      conditions;
        (2) make rules and regulations to effectuate the terms and
      conditions of the plan;
        (3) receive, investigate, and report to the Secretary
      complaints of violations of the plan; and
        (4) recommend to the Secretary amendments to the plan.
    (c) Membership of Board; representation of interests; appointment;
      nomination; eligibility of producers; importer representation
      (1) The plan shall provide that the Board shall be composed of
    representatives of producers and handlers, and one representative
    of the public, appointed by the Secretary from nominations
    submitted in accordance with this subsection. An equal number of
    representatives of producers and handlers shall be nominated by
    producers and handlers, and the representative of the public shall
    be nominated by the other members of the Board, in such manner as
    may be prescribed by the Secretary. If producers and handlers fail
    to select nominees for appointment to the Board, the Secretary may
    appoint persons on the basis of representation as provided for in
    the plan. If the Board fails to nominate a public representative,
    the Secretary shall choose such representative for appointment.
      (2) A producer shall be eligible to serve on the Board only as a
    representative of handlers, and not as a representative of
    producers, if - 
        (A) the producer purchases watermelons from other producers, in
      a combined total volume that is equal to 25 percent or more of
      the producer's own production; or
        (B) the combined total volume of watermelons handled by the
      producer from the producer's own production and purchases from
      other producers' production is more than 50 percent of the
      producer's own production.

      (3)(A) If importers are subject to the plan, the Board shall also
    include 1 or more representatives of importers, who shall be
    appointed by the Secretary from nominations submitted by importers
    in such manner as may be prescribed by the Secretary.
      (B) Importer representation on the Board shall be proportionate
    to the percentage of assessments paid by importers to the Board,
    except that at least 1 representative of importers shall serve on
    the Board.
      (C) If importers are subject to the plan and fail to select
    nominees for appointment to the Board, the Secretary may appoint
    any importers as the representatives of importers.
      (D) Not later than 5 years after the date that importers are
    subjected to the plan, and every 5 years thereafter, the Secretary
    shall evaluate the average annual percentage of assessments paid by
    importers during the 3-year period preceding the date of the
    evaluation and adjust, to the extent practicable, the number of
    importer representatives on the Board.
    (d) Compensation and expenses of Board
      The plan shall provide that all Board members shall serve without
    compensation, but shall be reimbursed for reasonable expenses
    incurred in performing their duties as members of the Board.
    (e) Budget on fiscal period basis
      The plan shall provide that the Board shall prepare and submit to
    the Secretary for the Secretary's approval a budget, on a fiscal
    period basis, of its anticipated expenses and disbursements in the
    administration of the plan, including probable costs of research,
    development, advertising, and promotion.
    (f) Assessments; payments; notice
      The plan shall provide for the fixing by the Secretary of
    assessments to cover costs incurred under the budgets provided for
    in subsection (e) of this section, and under section 4907(f) of
    this title, based on the Board's recommendation as to the
    appropriate rate of assessment, and for the payment of the
    assessments to the Board..(!1) In fixing or changing the rate of
    assessment pursuant to the plan, the Secretary shall comply with
    the notice and comment procedures established under section 553 of
    title 5. Sections 556 and 557 of such title shall not apply with
    respect to fixing or changing the rate of assessment.

    (g) Scope of expenditures; restrictions; assessments on per-unit
      basis; importers
      The plan shall provide the following:
        (1) Funds received by the Board shall be used for research,
      development, advertising, or promotion of watermelons and such
      other expenses for the administration, maintenance, and
      functioning of the Board as may be authorized by the Secretary,
      including any referendum and administrative costs incurred by the
      Department of Agriculture under this chapter.
        (2) No advertising or sales promotion program under this
      chapter shall make any reference to private brand names nor use
      false or unwarranted claims in behalf of watermelons or their
      products or false or unwarranted statements with respect to
      attributes or use of any competing products.
        (3) No funds received by the Board shall in any manner be used
      for the purpose of influencing governmental policy or action,
      except as provided by subsections (b)(4) and (f) of this section.
        (4) Assessments shall be made on watermelons produced by
      producers and watermelons handled by handlers, and the rate of
      such assessments in the case of producers and handlers shall be
      the same, on a per-unit basis, for producers and handlers. If a
      person performs both producing and handling functions, both
      assessments shall be paid by such person.
        (5) If importers are subject to the plan, an assessment shall
      also be made on watermelons imported into the United States by
      the importers. The rate of assessment for importers who are
      subject to the plan shall be equal to the combined rate for
      producers and handlers.
    (h) Refunds
      (1) Except as provided in paragraph (2), the plan shall provide
    that, notwithstanding any other provisions of this chapter, any
    watermelon producer or handler (or importer who is subject to the
    plan) against whose watermelons an assessment is made and collected
    under this chapter and who is not in favor of supporting the
    research, development, advertising, and promotion program provided
    for under this chapter shall have the right to demand a refund of
    the assessment from the Board, under regulations, and on a form and
    within a time period (not less than 90 days), prescribed by the
    Board and approved by the Secretary. A producer or handler (or
    importer who is subject to the plan) who timely makes demand in
    accord with the regulations, on submission of proof satisfactory to
    the Board that the producer, handler, or importer paid the
    assessment for which the refund is sought, shall receive such
    refund within 60 days after demand therefor.
      (2) If approved in the referendum required by section 4914(b) of
    this title relating to the elimination of the assessment refund
    under paragraph (1), the Secretary shall amend the plan that is in
    effect on the day before December 14, 1993, to eliminate the refund
    provision.
      (3)(A) Notwithstanding paragraph (2) and subject to subparagraph
    (B), if importers are subject to the plan, the plan shall provide
    that an importer of less than 150,000 pounds of watermelons per
    year shall be entitled to apply for a refund that is based on the
    rate of assessment paid by domestic producers.
      (B) The Secretary may adjust the quantity of the weight exemption
    specified in subparagraph (A) on the recommendation of the Board
    after an opportunity for public notice and opportunity for comment
    in accordance with section 553 of title 5, and without regard to
    sections 556 and 557 of such title, to reflect significant changes
    in the 5-year average yield per acre of watermelons produced in the
    United States.
    (i) Submission of programs or projects; approval by Secretary
      The plan shall provide that the Board, subject to the provisions
    of subsections (e), (f), and (g) of this section, shall develop and
    submit to the Secretary, for the Secretary's approval, any
    research, development, advertising, or promotion program or
    project, and that a program or project must be approved by the
    Secretary before becoming effective.
    (j) Contract authority
      The plan shall provide the Board with authority to enter into
    contracts or agreements, with the approval of the Secretary, for
    the development and carrying out of research, development,
    advertising, or promotion programs or projects, and the payment of
    the cost thereof with funds collected under this chapter.
    (k) Recordkeeping; accounting and audit reports
      The plan shall provide that the Board shall (1) maintain books
    and records, (2) prepare and submit to the Secretary such reports
    from time to time as may be prescribed for appropriate accounting
    with respect to the receipt and disbursement of funds entrusted to
    it, and (3) cause a complete audit report to be submitted to the
    Secretary at the end of each fiscal period.
    (l) Certification
      The plan shall provide that the Board shall have the authority to
    establish rules for certifying whether a person meets the
    definition of a producer under section 4902(5) of this title.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1647, Dec. 23, 1985, 99 Stat.
    1624; Pub. L. 103-189, Secs. 4-7, 8(d)-(f), (k)(4), 9(b), Dec. 14,
    1993, 107 Stat. 2260-2262, 2264.)

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (c). Pub. L. 103-189, Secs. 4, 8(d), designated
    existing provisions as par. (1), substituted "other members of the
    Board" for "producer and handler members of the Board" in second
    sentence, and added pars. (2) and (3).
      Subsec. (f). Pub. L. 103-189, Secs. 5(1), 6, substituted "payment
    of the assessments to the Board." for "collection of the
    assessments by the Board" and inserted at end "In fixing or
    changing the rate of assessment pursuant to the plan, the Secretary
    shall comply with the notice and comment procedures established
    under section 553 of title 5. Sections 556 and 557 of such title
    shall not apply with respect to fixing or changing the rate of
    assessment."
      Subsec. (g). Pub. L. 103-189, Sec. 8(k)(4)(A), substituted "the
    following:" for "that - " in introductory provisions.
      Subsec. (g)(1). Pub. L. 103-189, Secs. 5(2), 8(k)(4)(B),
    substituted "Funds received" for "funds collected" and a period for
    semicolon at end.
      Subsec. (g)(2). Pub. L. 103-189, Sec. 8(k)(4)(C), substituted
    "No" for "no" and a period for semicolon at end.
      Subsec. (g)(3). Pub. L. 103-189, Secs. 5(2), 8(k)(4)(D),
    substituted "No" for "no", "received" for "collected", and a period
    for "; and" at end.
      Subsec. (g)(4). Pub. L. 103-189, Sec. 8(e)(1), substituted
    "Assessments" for "assessments" and inserted "in the case of
    producers and handlers" after "such assessments".
      Subsec. (g)(5). Pub. L. 103-189, Sec. 8(e)(2), added par. (5).
      Subsec. (h). Pub. L. 103-189, Secs. 7, 8(f), designated existing
    provisions as par. (1), substituted "Except as provided in
    paragraph (2), the" for "The", inserted "(or importer who is
    subject to the plan)" after "or handler" the first two places
    appearing, substituted ", handler, or importer paid the assessment"
    for "or handler paid the assessment", and added pars. (2) and (3).
      Subsec. (l). Pub. L. 103-189, Sec. 9(b), added subsec. (l).

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    7 USC Sec. 4907                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4907. Permissive terms in plans

-STATUTE-
    (a) Description of terms and provisions; prohibition
      Any plan issued under this chapter may contain one or more of the
    terms and provisions described in this section, but except as
    provided in section 4906 of this title no others.
    (b) Exemptions
      The plan may provide for the exemption, from the provisions of
    the plan, of watermelons used for nonfood uses, and authority for
    the Board to establish satisfactory safeguards against improper use
    of such exemption.
    (c) Designation of different handler payment and reporting
      schedules for assessments
      The plan may provide for the designation of different handler
    payment and reporting schedules with respect to assessments, as
    provided for in sections 4906 and 4908 of this title, to recognize
    differences in marketing practices and procedures used in different
    production areas.
    (d) Advertising and sales promotion programs or projects
      The plan may provide for the establishment, issuance,
    effectuation, and administration of appropriate programs or
    projects for the advertising and other sales promotion of
    watermelons and for the disbursement of necessary funds for such
    purposes. Any such program or project shall be directed toward
    increasing the general demand for watermelons, and promotional
    activities shall comply with the provisions of section 4906(g) of
    this title.
    (e) Marketing objectives of research and development projects and
      studies
      The plan may provide for establishing and carrying out research
    and development projects and studies to the end that the marketing
    and use of watermelons may be encouraged, expanded, improved, or
    made more efficient, and for the disbursement of necessary funds
    for such purposes.
    (f) Reserve funds; limitation
      The plan may provide authority for the accumulation of reserve
    funds from assessments collected under this chapter, to permit an
    effective and continuous coordinated program of research,
    development, advertising, and promotion in years when watermelon
    production and assessment income may be reduced, except that the
    total reserve fund may not exceed the amount budgeted for two years
    operation.
    (g) Foreign market sales
      The plan may provide for the use of funds from assessments
    collected under this chapter, with the approval of the Secretary,
    for the development and expansion of sales of watermelons in
    foreign markets.
    (h) Other terms and conditions
      The plan may contain terms and conditions incidental to and not
    inconsistent with the terms and conditions specified in this
    chapter and necessary to effectuate the other provisions of the
    plan.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1648, Dec. 23, 1985, 99 Stat.
    1625.)

-End-

-CITE-
    7 USC Sec. 4908                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4908. Assessment procedures

-STATUTE-
    (a) Persons responsible for remittance of assessments;
      recordkeeping; equal and unitary assessments
      (1) Each handler required to pay assessments under a plan, as
    provided for under section 4906(f) of this title, shall be
    responsible for payment to the Board, as it may direct, of the
    assessments. A handler also shall collect from any producer, or
    shall deduct from the proceeds paid to any producer, on whose
    watermelons a producer assessment is made, the assessments required
    to be paid by the producer. The handler shall remit producer
    assessments to the Board as the Board directs. Such handler shall
    maintain a separate record with respect to each producer for whom
    watermelons were handled. Such records shall indicate the total
    quantity of watermelons handled by the handler, including those
    handled for producers and for the handler, the total quantity of
    watermelons handled by the handler that are included under the
    terms of the plan, as well as those that are exempt under the plan,
    and such other information as may be prescribed by the Board. To
    facilitate the collection and payment of assessments, the Board may
    designate different handlers or classes of handlers to recognize
    differences in marketing practices or procedures used in any State
    or area. The handler shall be assessed an equal amount as the
    producer. No more than one assessment on a producer nor more than
    one assessment on a handler shall be made on any watermelons.
      (2)(A) If importers are subject to the plan, each importer
    required to pay assessments under the plan shall be responsible for
    payment of the assessment to the Board, as the Board may direct.
      (B) The assessment on imported watermelons shall be equal to the
    combined rate for domestic producers and handlers and shall be paid
    by the importer to the Board at the time of the entry of the
    watermelons into the United States.
      (C) Each importer required to pay assessments under the plan
    shall maintain a separate record that includes a record of - 
        (i) the total quantity of watermelons imported into the United
      States that are included under the terms of the plan;
        (ii) the total quantity of watermelons that are exempt from the
      plan; and
        (iii) such other information as may be prescribed by the Board.

      (D) No more than 1 assessment shall be made on any imported
    watermelon.
    (b) Inspection of records
      Handlers and importers responsible for payment of assessments
    under subsection (a) of this section shall maintain and make
    available for inspection by the Secretary such books and records as
    required by the plan and file reports at the times, in the manner,
    and having the content prescribed by the plan, to the end that
    information and data shall be made available to the Board and to
    the Secretary that is appropriate or necessary to the effectuation,
    administration, or enforcement of this chapter or of any plan or
    regulation issued under this chapter.
    (c) Confidentiality of information; disclosure authority; general
      or violation statements; penalties; removal from office
      All information obtained under subsections (a) and (b) of this
    section shall be kept confidential by all officers and employees of
    the Department of Agriculture and of the Board, and only such
    information so furnished or acquired as the Secretary deems
    relevant shall be disclosed by them, and then only in a suit or
    administrative hearing brought at the direction, or on the request,
    of the Secretary, or to which the Secretary or any officer of the
    United States is a party, and involving the plan with reference to
    which the information to be disclosed was furnished or acquired.
    Nothing in this subsection shall be deemed to prohibit - 
        (1) the issuance of general statements based on the reports of
      a number of handlers or importers subject to a plan if such
      statements do not identify the information furnished by any
      person; or
        (2) the publication by direction of the Secretary of the name
      of any person violating any plan together with a statement of the
      particular provisions of the plan violated by such person.

    Any such officer or employee violating the provisions of this
    subsection shall be subject to a fine of not more than $1,000 or
    imprisonment for not more than one year, or both, and shall be
    removed from office.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1649, Dec. 23, 1985, 99 Stat.
    1626; Pub. L. 103-189, Sec. 8(g), Dec. 14, 1993, 107 Stat. 2262.)

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-189, Sec. 8(g)(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (b). Pub. L. 103-189, Sec. 8(g)(2), inserted "and
    importers" after "Handlers".
      Subsec. (c)(1). Pub. L. 103-189, Sec. 8(g)(3), inserted "or
    importers" after "handlers".

-End-

-CITE-
    7 USC Sec. 4909                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4909. Petition and review

-STATUTE-
      (a) Any person subject to a plan may file a written petition with
    the Secretary, stating that the plan or any provision of the plan,
    or any obligation imposed in connection therewith, is not in
    accordance with law and praying for a modification thereof or to be
    exempted therefrom. The person shall be given an opportunity for a
    hearing on the petition, in accordance with regulations prescribed
    by the Secretary. After the hearing, the Secretary shall make a
    ruling on the petition, which shall be final if in accordance with
    the law.
      (b) The district courts of the United States in any district in
    which the person is an inhabitant, or in which the person's
    principal place of business is located, are hereby vested with
    jurisdiction to review such ruling, provided that a complaint for
    that purpose is filed within twenty days from the date of the entry
    of the ruling. Service of process in such proceedings may be had on
    the Secretary by delivering to the Secretary a copy of the
    complaint. If the court determines that the ruling is not in
    accordance with law, it shall remand the proceedings to the
    Secretary with directions either to (1) make such ruling as the
    court shall determine to be in accordance with law, or (2) take
    such further proceedings as, in its opinion, the law requires. The
    pendency of proceedings instituted under subsection (a) of this
    section shall not impede or delay the United States or the
    Secretary from obtaining relief under section 4910(a) (!1) of this
    title.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1650, Dec. 23, 1985, 99 Stat.
    1627.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4910(a) of this title, referred to in subsec. (b), was in
    the original "section 1851(a)", a nonexistent section in Pub. L. 99-
    198, and has been translated as if the reference had been to
    "section 1651(a)" to reflect the probable intent of Congress.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    7 USC Sec. 4910                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4910. Enforcement

-STATUTE-
      (a) The several district courts of the United States are vested
    with jurisdiction specifically to enforce, and to prevent and
    restrain any person from violating, any plan or regulation made or
    issued under this chapter. The facts relating to any civil action
    that may be brought under this subsection shall be referred to the
    Attorney General for appropriate action, except that nothing in
    this chapter shall be construed as requiring the Secretary to refer
    to the Attorney General violations of this chapter whenever the
    Secretary believes that the administration and enforcement of the
    plan or regulation would be adequately served by administrative
    action under subsection (b) of this section or suitable written
    notice or warning to any person committing the violations.
      (b)(1) Any person who violates any provision of any plan or
    regulation issued by the Secretary under this chapter, or who fails
    or refuses to pay, collect, or remit any assessment or fee required
    of the person thereunder, may be assessed a civil penalty by the
    Secretary of not less than $500 nor more than $5,000 for each
    violation. Each violation shall be a separate offense. In addition
    to or in lieu of such civil penalty, the Secretary may issue an
    order requiring the person to cease and desist from continuing the
    violation. No penalty shall be assessed nor cease and desist order
    issued unless the person is given notice and opportunity for a
    hearing before the Secretary with respect to the violation. The
    order of the Secretary assessing a penalty or imposing a cease and
    desist order shall be final and conclusive unless the person
    affected by the order files an appeal from the Secretary's order
    with the appropriate United States court of appeals.
      (2) Any person against whom a violation is found and a civil
    penalty assessed or cease and desist order issued under paragraph
    (1) may obtain review in the court of appeals of the United States
    for the circuit in which such person resides or carries on business
    or in the United States Court of Appeals for the District of
    Columbia Circuit by filing a notice of appeal in such court within
    thirty days after the date of the order and by simultaneously
    sending a copy of the notice by certified mail to the Secretary.
    The Secretary shall promptly file in such court a certified copy of
    the record on which the violation was found. The findings of the
    Secretary shall be set aside only if found to be unsupported by
    substantial evidence.
      (3) Any person who fails to obey a cease and desist order after
    it has become final and unappealable, or after the appropriate
    court of appeals has entered a final judgment in favor of the
    Secretary, shall be subject to a civil penalty assessed by the
    Secretary, after opportunity for a hearing and for judicial review
    under the procedures specified in paragraphs (1) and (2), of not
    more than $500 for each offense. Each day during which the failure
    continues shall be deemed a separate offense.
      (4) If any person fails to pay an assessment of a civil penalty
    after it has become a final and unappealable order, or after the
    appropriate court of appeals has entered final judgment in favor of
    the Secretary, the Secretary shall refer the matter to the Attorney
    General for recovery of the amount assessed in any appropriate
    district court of the United States. In such action, the validity
    and appropriateness of the final order imposing the civil penalty
    shall not be subject to review.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1651, Dec. 23, 1985, 99 Stat.
    1627.)

-End-

-CITE-
    7 USC Sec. 4911                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4911. Investigation and power to subpoena

-STATUTE-
      (a) The Secretary may make such investigations as the Secretary
    deems necessary to carry out effectively the Secretary's
    responsibilities under this chapter or to determine whether a
    person has engaged or is engaging in any acts or practices that
    constitute a violation of any provision of this chapter, or of any
    plan or regulation issued under this chapter. For the purpose of an
    investigation, the Secretary may administer oaths and affirmations,
    subpoena witnesses, compel their attendance, take evidence, and
    require the production of any books, papers, and documents that are
    relevant to the inquiry. The attendance of witnesses and the
    production of records may be required from any place in the United
    States. In case of contumacy by, or refusal to obey a subpoena
    issued to, any person, including a handler (or an importer who is
    subject to the plan), the Secretary may invoke the aid of any court
    of the United States within the jurisdiction of which such
    investigation or proceeding is carried on, or where such person
    resides or carries on business, in requiring the attendance and
    testimony of witnesses and the production of books, papers, and
    documents; and such court may issue an order requiring the person
    to appear before the Secretary, there to produce records, if so
    ordered, or to give testimony touching the matter under
    investigation. Any failure to obey such order of the court may be
    punished by the court as contempt thereof. All process in any such
    case may be served in the judicial district in which the person is
    an inhabitant or wherever the person may be found. The site of any
    hearing held under this subsection shall be within the judicial
    district in which the person is an inhabitant or in which the
    person's principal place of business is located.
      (b) No person shall be excused from attending and testifying or
    from producing books, papers, and documents before the Secretary,
    or in obedience to the subpoena of the Secretary, or in any cause
    or proceeding, criminal or otherwise, based on, or growing out of,
    any alleged violation of this chapter, or of any plan or regulation
    issued thereunder, on the grounds that the testimony or evidence,
    documentary or otherwise, required of the person may tend to
    incriminate the person or subject the person to a penalty or
    forfeiture. However, no person shall be prosecuted or subjected to
    any penalty or forfeiture on account of any transaction, matter, or
    thing concerning which the person is compelled, after having
    claimed the person's privilege against self-incrimination, to
    testify or produce evidence, documentary or otherwise, except that
    any individual so testifying shall not be exempt from prosecution
    and punishment for perjury committed in so testifying.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1652, Dec. 23, 1985, 99 Stat.
    1628; Pub. L. 103-189, Sec. 8(h), Dec. 14, 1993, 107 Stat. 2262.)

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a). Pub. L. 103-189, in first sentence,
    substituted "a person" for "a handler or any other person", in
    fourth sentence, inserted "(or an importer who is subject to the
    plan)" after "a handler", and in last sentence, substituted "the
    person" for "the handler or other person".

-End-

-CITE-
    7 USC Sec. 4912                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4912. Requirement of referendum

-STATUTE-
      (a) The Secretary shall conduct a referendum among producers,
    handlers, and importers not exempt under sections 4902(5) and
    4907(b) of this title who, during a representative period
    determined by the Secretary, have been engaged in the production,
    handling, or importing of watermelons, for the purpose of
    ascertaining whether the issuance of a plan is approved or favored
    by producers, handlers, and importers. The ballots and other
    information or reports that reveal or tend to reveal the vote of
    any producer, handler, or importer or the person's volume of
    watermelons produced, handled, or imported shall be held strictly
    confidential and shall not be disclosed. Any officer or employee of
    the Department of Agriculture violating the provisions hereof shall
    be subject to the penalties provided in section 4908(c) of this
    title.
      (b) A plan issued under this chapter shall not take effect unless
    the Secretary determines that the issuance of the plan is approved
    or favored by a majority of the producers and handlers (and
    importers who are subject to the plan) voting in the referendum.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1653, Dec. 23, 1985, 99 Stat.
    1629; Pub. L. 103-189, Secs. 2, 8(i), Dec. 14, 1993, 107 Stat.
    2259, 2262.)

-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-189 designated existing provisions as subsec.
    (a), added subsec. (b), and in subsec. (a) substituted ", handlers,
    and importers" for "and handlers" in two places and ", handling, or
    importing" for "or handling" in first sentence, substituted ",
    handler, or importer" for "or handler" and ", handled, or imported"
    for "or handled" in sentence beginning with "The ballots", and
    struck out after first sentence "The referendum shall be conducted
    at the county extension offices. No plan issued under this chapter
    shall be effective unless the Secretary determines that the
    issuance of the plan is approved or favored by not less than two-
    thirds of the producers and handlers voting in such referendum, or
    by the producers and handlers of not less than two-thirds of the
    watermelons produced and handled during the representative period
    by producers and handlers voting in such referendum, and by not
    less than a majority of the producers and a majority of the
    handlers voting in the referendum."

-End-

-CITE-
    7 USC Sec. 4913                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4913. Suspension or termination of plans

-STATUTE-
      (a) Whenever the Secretary finds that a plan or any provision
    thereof obstructs or does not tend to effectuate the declared
    policy of this chapter, the Secretary shall terminate or suspend
    the operation of the plan or provision.
      (b) The Secretary may conduct a referendum at any time, and shall
    hold a referendum on request of the Board or at least 10 percent of
    the combined total of the watermelon producers, handlers, and
    importers eligible to vote in a referendum, to determine if
    watermelon producers, handlers, and importers favor the termination
    or suspension of the plan. The Secretary shall terminate or suspend
    the plan at the end of the marketing year whenever the Secretary
    determines that the termination or suspension is favored by a
    majority of those voting in the referendum, and who produce,
    handle, or import more than 50 per cent of the combined total of
    the volume of the watermelons produced by the producers, handled by
    the handlers, or imported by the importers voting in the
    referendum.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1654, Dec. 23, 1985, 99 Stat.
    1630; Pub. L. 103-189, Sec. 8(j), Dec. 14, 1993, 107 Stat. 2263.)

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (b). Pub. L. 103-189, Sec. 8(j)(3), struck out at
    end "Any such referendum shall be conducted at county extension
    offices."
      Pub. L. 103-189, Sec. 8(j)(2)(C), which directed the substitution
    of ", handled by the handlers, or imported by the importers" for
    "or handled by the handlers," in second sentence, was executed by
    making the substitution in text which did not contain a comma after
    the word "handlers", to reflect the probable intent of Congress.
      Pub. L. 103-189, Sec. 8(j)(1)-(2)(B), in first sentence,
    substituted "at least 10 percent of the combined total" for "10 per
    centum or more" and ", handlers, and importers" for "and handlers"
    in two places, and in second sentence, substituted ", handle, or
    import" for "or handle" and "50 percent of the combined total" for
    "50 per centum".

-End-

-CITE-
    7 USC Sec. 4914                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4914. Amendment procedure

-STATUTE-
    (a) In general
      Before a plan issued by the Secretary under this chapter may be
    amended, the Secretary shall publish the proposed amendments for
    public comment and conduct a referendum in accordance with section
    4912 of this title.
    (b) Separate consideration of amendments
      (1) In general
        The amendments described in paragraph (2) that are required to
      be made by the Secretary to a plan as a result of the amendments
      made by the Watermelon Research and Promotion Improvement Act of
      1993 shall be subject to separate line item voting and approval
      in a referendum conducted pursuant to section 4912 of this title
      before the Secretary alters the plan as in effect on the day
      before December 14, 1993.
      (2) Amendments
        The amendments referred to in paragraph (1) are the amendments
      to a plan required under - 
          (A) section 7 of the Watermelon Research and Promotion
        Improvement Act of 1993 relating to the elimination of the
        assessment refund; and
          (B) section 8 of such Act relating to subjecting importers to
        the terms and conditions of the plan.
      (3) Importers
        When conducting the referendum relating to subjecting importers
      to the terms and conditions of a plan, the Secretary shall
      include as eligible voters in the referendum producers, handlers,
      and importers who would be subject to the plan if the amendments
      to a plan were approved.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1655, Dec. 23, 1985, 99 Stat.
    1630; Pub. L. 103-189, Sec. 10, Dec. 14, 1993, 107 Stat. 2264.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Watermelon Research and Promotion Improvement Act of 1993,
    referred to in subsec. (b)(1), (2), is Pub. L. 103-189, Dec. 14,
    1993, 107 Stat. 2259, which amended this section and sections 4901
    to 4904, 4906, 4908, and 4911 to 4913 of this title, and enacted
    provisions set out as a note under section 4901 of this title.
    Section 7 of the Act amended section 4906 of this title. Section 8
    of the Act amended sections 4901 to 4904, 4906, 4908, and 4911 to
    4913 of this title. For complete classification of this Act to the
    Code, see Short Title of 1993 Amendment note set out under section
    4901 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-189 amended section generally. Prior to
    amendment, section read as follows: "The provisions of this chapter
    applicable to plans shall be applicable to amendments to plans."

-End-

-CITE-
    7 USC Sec. 4915                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4915. Separability

-STATUTE-
      If any provision of this chapter or the application thereof to
    any person or circumstances is held invalid, the validity of the
    remainder of this chapter and the application of such provision to
    other persons and circumstances shall not be affected thereby.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1656, Dec. 23, 1985, 99 Stat.
    1630.)

-End-

-CITE-
    7 USC Sec. 4916                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 80 - WATERMELON RESEARCH AND PROMOTION

-HEAD-
    Sec. 4916. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated such sums as are
    necessary to carry out the provisions of this chapter, except that
    the funds so appropriated shall not be available for the payment of
    any expenses or expenditures of the Board in administering any
    provision of any plan issued under authority of this chapter.

-SOURCE-
    (Pub. L. 99-198, title XVI, Sec. 1657, Dec. 23, 1985, 99 Stat.
    1630.)

-End-