-CITE-
    7 USC CHAPTER 89 - PECAN PROMOTION AND RESEARCH             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
                 CHAPTER 89 - PECAN PROMOTION AND RESEARCH             

-MISC1-
    Sec.                                                     
    6001.       Findings and declaration of policy.                   
    6002.       Definitions.                                          
    6003.       Issuance of plans.                                    
    6004.       Regulations.                                          
    6005.       Required terms in plans.                              
    6006.       Permissive terms in plans.                            
    6007.       Assessments.                                          
    6008.       Petition and review.                                  
    6009.       Enforcement.                                          
    6010.       Investigations and power to subpoena.                 
    6011.       Requirement of referendum.                            
    6012.       Suspension or termination of plan.                    
    6013.       Authorization of appropriations.                      

-End-



-CITE-
    7 USC Sec. 6001                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6001. Findings and declaration of policy

-STATUTE-
    (a) Findings
      Congress finds that - 
        (1) pecans are a native American nut that is an important food,
      and is a valuable part of the human diet;
        (2) the production of pecans plays a significant role in the
      economy of the United States in that pecans are produced by
      thousands of pecan producers, shelled and processed by numerous
      shellers and processors, and pecans produced in the United States
      are consumed by millions of people throughout the United States
      and foreign countries;
        (3) pecans must be high quality, readily available, handled
      properly, and marketed efficiently to ensure that consumers have
      an adequate supply of pecans;
        (4) the maintenance and expansion of existing markets and
      development of new markets for pecans are vital to the welfare of
      pecan producers and those concerned with marketing, using, and
      producing pecans, as well as to the general economy of the United
      States, and necessary to ensure the ready availability and
      efficient marketing of pecans;
        (5) there exist established State organizations conducting
      pecan promotion, research, and industry and consumer education
      programs that are invaluable to the efforts of promoting the
      consumption of pecans;
        (6) the cooperative development, financing, and implementation
      of a coordinated national program of pecan promotion, research,
      industry information, and consumer information are necessary to
      maintain and expand existing markets and develop new markets for
      pecans; and
        (7) pecans move in interstate and foreign commerce, and pecans
      that do not move in such channels of commerce directly burden or
      affect interstate commerce in pecans.
    (b) Policy
      It is declared to be the policy of Congress that it is in the
    public interest to authorize the establishment, through the
    exercise of the powers provided in this chapter, of an orderly
    procedure for developing, financing (through adequate assessments
    on pecans produced or imported into the United States), and
    carrying out an effective, continuous, coordinated program of
    promotion, research, industry information, and consumer information
    designed to - 
        (1) strengthen the pecan industry's position in the
      marketplace;
        (2) maintain and expand existing domestic and foreign markets
      and uses for pecans; and
        (3) develop new markets and uses for pecans.
    (c) Construction
      Nothing in this chapter may be construed to provide for the
    control of production or otherwise limit the right of any person to
    produce pecans.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1906, Nov. 28, 1990, 104 Stat.
    3838.)


-MISC1-
                                SHORT TITLE                            
      Section 1901 of title XIX of Pub. L. 101-624, as amended by Pub.
    L. 102-237, title VIII, Sec. 801, Dec. 13, 1991, 105 Stat. 1882,
    provided that: "This title [enacting this chapter and chapters 90
    to 93 of this title and sections 2109, 2278, and 4610a of this
    title, amending sections 1787, 2101, 2106 to 2108, 2110, 2116, 2611
    to 2614, 2617 to 2619, 2622 to 2624, 4602, 4606, 4608, and 4612 of
    this title, and enacting provisions set out as notes under sections
    2101, 2611, 2625, 4601, and 4603 of this title] may be cited as the
    'Agricultural Promotion Programs Act of 1990'."
      Section 1905 of Pub. L. 101-624 provided that: "This subtitle
    [subtitle A (Secs. 1905-1918) of title XIX of Pub. L. 101-624,
    enacting this chapter] may be cited as the 'Pecan Promotion and
    Research Act of 1990'."

-End-



-CITE-
    7 USC Sec. 6002                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6002. Definitions

-STATUTE-
      As used in this chapter - 
      (1) Board
        The term "Board" means the Pecan Marketing Board established in
      section 6005(b) of this title.
      (2) Commerce
        The term "commerce" means interstate, foreign, or intrastate
      commerce.
      (3) Conflict of interest
        The term "conflict of interest" means a situation in which a
      member has a direct or indirect financial interest in a
      corporation, partnership, sole proprietorship, joint venture, or
      other business entity dealing directly or indirectly with the
      Board.
      (4) Consumer information
        The term "consumer information" means information and programs
      that will assist consumers and other persons in making
      evaluations and decisions regarding the purchase, preparation,
      and use of pecans.
      (5) Department
        The term "Department" means the Department of Agriculture.
      (6) District
        The term "district" means a geographical area of the United
      States, as determined by the Board and approved by the Secretary,
      in which there is produced approximately one-fourth of the volume
      of pecans produced in the United States.
      (7) First handler
        The term "first handler" means the first person who buys or
      takes possession of pecans from a grower for marketing. If a
      grower markets pecans directly to consumers, such grower shall be
      considered the first handler with respect to pecans grown by such
      grower.
      (8) Grower
        The term "grower" means any person engaged in the production
      and sale of pecans in the United States who owns, or who shares
      the ownership and risk of loss of, such pecans.
      (9) Grower-sheller
        The term "grower-sheller" means a person who - 
          (A) shells pecans, or has pecans shelled for such person, in
        the United States; and
          (B) during the immediately previous year, grew 50 percent or
        more of the pecans such person shelled or had shelled for such
        person.
      (10) Handle
        The term "handle" means receipt of in-shell pecans by a sheller
      or first handler, including pecans produced by such sheller or
      first handler.
      (11) Importer
        The term "importer" means any person who imports pecans from
      outside of the United States for sale in the United States.
      (12) Industry information
        The term "industry information" means information and programs
      that will lead to the development of new markets and marketing
      strategies, increased efficiency, and activities to enhance the
      image of the pecan industry.
      (13) In-shell pecan
        The term "in-shell pecan" means a pecan that has a shell that
      has not been removed.
      (14) To market
        The term "to market" means to sell or offer to dispose of
      pecans in any channel of commerce.
      (15) Member
        The term "member" means a member of the Board.
      (16) Pecan
        The term "pecan" means the nut of the pecan tree carya
      illinoensis.
      (17) Person
        The term "person" means any individual, group of individuals,
      partnership, corporation, association, cooperative, or any other
      entity.
      (18) Plan
        The term "plan" means a plan issued under section 6003 of this
      title.
      (19) Promotion
        The term "promotion" means any action taken by the Board,
      pursuant to this chapter, to present a favorable image of pecans
      to the public with the express intent of improving the
      competitive position of pecans in the marketplace and stimulating
      sales of pecans, including paid advertising.
      (20) Research
        The term "research" means any type of test, study, or analysis
      designed to advance the image, desirability, usage,
      marketability, production, product development, or quality of
      pecans.
      (21) Secretary
        The term "Secretary" means the Secretary of Agriculture.
      (22) Shell
        The term "shell" means to remove the shell from an in-shell
      pecan.
      (23) Shelled pecan
        The term "shelled pecan" means a pecan kernel, or portion of a
      kernel, after the pecan shell has been removed.
      (24) Sheller
        The term "sheller" means any person who - 
          (A) shells pecans or has pecans shelled for the account of
        such person; and
          (B) during the immediately previous year, purchased more than
        50 percent of the pecans such person shelled or had shelled for
        such account.
      (25) State
        The term "State" means any of the several States, the District
      of Columbia and the Commonwealth of Puerto Rico.
      (26) United States
        The term "United States" means collectively the several States,
      the District of Columbia, and the Commonwealth of Puerto Rico.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1907, Nov. 28, 1990, 104 Stat.
    3839; Pub. L. 102-237, title VIII, Sec. 802(1), Dec. 13, 1991, 105
    Stat. 1882.)


-MISC1-
                                AMENDMENTS                            
      1991 - Par. (22). Pub. L. 102-237 substituted "in-shell" for
    "inshell".

-End-



-CITE-
    7 USC Sec. 6003                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6003. Issuance of plans

-STATUTE-
    (a) In general
      To effectuate the declared policy of section 6001(b) of this
    title, the Secretary shall, subject to this chapter, issue and from
    time to time amend, plans applicable to growers, grower-shellers,
    shellers, first handlers, and importers of pecans. Any such plan
    shall be national in scope. Not more than one plan shall be in
    effect under this chapter at any one time.
    (b) Procedure
      (1) Proposal for issuance of plan
        The Secretary may propose the issuance of a plan under this
      chapter, or an association of pecan growers or grower-shellers or
      any other person that will be affected by this chapter may
      request the issuance of, and submit a proposal for, such a plan.
      (2) Proposed plan
        Not later than 60 days after the receipt of a request and
      proposal by an interested person for a plan, or when the
      Secretary determines to propose a plan, the Secretary shall
      publish a proposed plan and give due notice and opportunity for
      public comment on the proposed plan.
      (3) Issuance of plan
        After notice and opportunity for public comment are given, as
      provided in paragraph (2), the Secretary shall issue a plan,
      taking into consideration the comments received and including in
      the plan provisions necessary to ensure that the plan is in
      conformity with the requirements of this chapter.
      (4) Effective date of plan
        Such plan shall be issued and become effective not later than
      150 days following publication of the proposed plan.
    (c) Amendments
      The Secretary, from time to time, may amend any plan issued under
    this section. The provisions of this chapter applicable to a plan
    shall be applicable to amendments to a plan.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1908, Nov. 28, 1990, 104 Stat.
    3841.)

-End-



-CITE-
    7 USC Sec. 6004                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6004. Regulations

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

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1909, Nov. 28, 1990, 104 Stat.
    3841.)

-End-



-CITE-
    7 USC Sec. 6005                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6005. Required terms in plans

-STATUTE-
    (a) In general
      Each plan issued under this chapter shall contain the terms and
    conditions prescribed in this section.
    (b) Pecan Marketing Board
      (1) Establishment
        The plan shall establish a Pecan Marketing Board to carry out
      the program referred to in section 6001(b) of this title.
      (2) Service to entire industry
        The Board shall carry out programs and projects that will
      provide maximum benefit to the pecan industry in all parts of the
      United States and only generically promote pecans.
      (3) Board membership
        The Board shall consist of 15 members, including - 
          (A) 8 members who are growers;
          (B) 4 members who are shellers;
          (C) one member who is a first handler and who derives over 50
        percent of the member's gross income from buying and selling
        pecans;
          (D) one member who is an importer of pecans into the United
        States, nominated by the Board;
          (E) one member representing the general public, nominated by
        the Board; and
          (F) at the option of the Board, a consultant or advisor
        representing the views of pecan producers in a country other
        than the United States who may be chosen to attend Board
        functions as a nonvoting member.
      (4) Representation of members
        (A) Grower representatives
          Of the growers referred to in paragraph (3)(A), 2 members
        shall be from each district.
        (B) Sheller representatives
          Of the shellers referred to in paragraph (3)(B) - 
            (i) 2 members shall be selected from among shellers whose
          place of residence is east of the Mississippi River; and
            (ii) 2 members shall be selected from among shellers whose
          place of residence is west of the Mississippi River.
        (C) First handler representative
          The first handler representative on the Board referred to in
        paragraph (3)(C) shall be selected from among first handlers
        whose place of residence is in a district.
        (D) Importer representative
          The importer representative on the Board referred to in
        paragraph (3)(D) shall be an individual who imports pecans into
        the United States.
        (E) Public representative
          The public representative on the Board referred to in
        paragraph (3)(E) shall not be a grower, grower-sheller,
        sheller, first handler, or importer.
      (5) Alternate for each member
        Each member of the Board shall have an alternate with the same
      qualifications as the member such alternate would replace.
      (6) Limitation on State residence
        There shall be no more than one member from each State in each
      district, except that the State of Georgia may have 2 growers
      from such State representing the district that it is in.
      (7) Modifying Board membership
        In accordance with regulations approved by the Secretary, at
      least once each 3 years and not more than once each 2 years, the
      Board shall - 
          (A) review the geographic distribution of pecan production
        throughout the United States; and
          (B) if warranted, recommend to the Secretary that the
        Secretary reapportion a district in order to reflect the
        geographic distribution of pecan production.
      (8) Selection process for members
        (A) Publicity
          The Board shall give reasonable publicity to the industry for
        nomination of persons interested in being nominated for Board
        membership.
        (B) Eligibility
          Each grower and sheller shall be eligible to vote for the
        nomination of members who represent that class of members on
        the Board. Growers shall be eligible to vote for the nomination
        of the first handler members on the Board.
        (C) Selection of nominees
          Each person referred to in subparagraph (B) shall have one
        vote. The 2 eligible candidates receiving the largest number of
        votes cast for each Board position for each class of members
        shall be the nominees for such position.
        (D) Certification
          Except for the establishment of the initial Board, the
        nominations made under subparagraph (C) and subsections
        (b)(3)(D) and (b)(3)(E) of this section shall be certified by
        the Board and submitted to the Secretary no later than May 1 or
        such other date recommended by the Board and approved by the
        Secretary preceding the commencement of the term of office for
        Board membership, as established in paragraph (9).
        (E) Appointment
          To each vacant Board position, the Secretary shall appoint 1
        individual from among the nominees certified and submitted
        under subparagraph (D).
        (F) Rejection of nominees
          The Secretary may reject any nominee submitted under
        subparagraph (D). If there are insufficient nominees from which
        to appoint members to the Board as a result of the Secretary's
        rejecting such nominees, additional nominees shall be submitted
        to the Secretary in the same manner.
        (G) Initial Board
          The Secretary shall establish an initial Board from among
        nominations solicited by the Secretary. For the purpose of
        obtaining nominations for the members of the initial Board
        described in subparagraphs (A), (B), and (C) of paragraph (3),
        the Secretary shall perform the functions of the Board under
        this subsection as the Secretary determines necessary and
        appropriate. Nominations for those members of the initial Board
        described in subparagraphs (D) and (E) of paragraph (3) shall
        be made in accordance with paragraph (3).
        (H) Failure to nominate
          If growers and shellers fail to nominate individuals for
        appointment, the Secretary may appoint members on a basis
        provided for in the plan. If the Board fails to nominate an
        importer or a public representative, such member may be
        appointed without a nomination.
      (9) Terms of office
        (A) In general
          The members of the Board shall serve for a term of 3 years,
        except that the members appointed to the initial Board
        established under paragraph (8)(G) shall serve,
        proportionately, for terms of 1, 2, and 3 years, as determined
        by the Secretary.
        (B) Termination of terms
          Notwithstanding subparagraph (C), each member shall continue
        to serve until a successor is appointed by the Secretary.
        (C) Limitation on terms
          No individual may serve more than 2 consecutive 3-year terms
        as a member.
        (D) Vacancies
          (i) Submitting nominations
            To fill any vacancy created by the death, removal,
          resignation, or disqualification of any member of the Board,
          the Secretary shall request that at least 2 eligible
          nominations for a successor for each such vacancy be
          submitted by the Board in the manner provided in paragraph
          (8).
          (ii) Lack of nominations
            If at least 2 eligible nominations are not submitted under
          clause (i), the Secretary shall determine the manner of
          submission of nominations for the vacancy.
      (10) Compensation
        A member of the Board shall serve without compensation, but
      shall be reimbursed for necessary and reasonable expenses
      incurred in the performance of duties for and approved by the
      Board.
    (c) Powers and duties of Board
      The plan shall define the powers and duties of the Board, which
    shall include the power and duty - 
        (1) to administer the plan in accordance with its terms and
      conditions;
        (2) to make regulations to effectuate the terms and conditions
      of the plan;
        (3) to meet, organize, and select from among members of the
      Board a chairperson, other officers, and committees and
      subcommittees, as the Board determines appropriate;
        (4) to establish working committees of persons other than Board
      members;
        (5) to employ such persons, other than Board members, as the
      Board considers necessary and to determine the compensation and
      define the duties of such persons;
        (6) to prepare and submit for the approval of the Secretary,
      prior to the beginning of each fiscal period, a recommended rate
      of assessment under section 6007 of this title, and a fiscal
      period budget of the anticipated expenses in the administration
      of the plan, including the probable costs of all programs and
      projects;
        (7) to develop programs and projects, subject to subsection (d)
      of this section;
        (8) to enter into contracts or agreements, subject to
      subsection (e) of this section, to develop and carry out programs
      or projects of promotion, research, industry information and
      consumer information;
        (9) to carry out research, promotion, industry information, and
      consumer information, and to pay the costs of such projects with
      assessments collected pursuant to section 6007 of this title;
        (10) to keep minutes, books, and records that reflect the
      actions and transactions of the Board, and promptly report
      minutes of each Board meeting to the Secretary;
        (11) to appoint and convene, from time to time, working
      committees comprised of growers, grower-shellers, first handlers,
      shellers, importers, and the public to assist in the development
      of research, promotion, industry information, and consumer
      information programs for pecans;
        (12) to invest, pending disbursement under a program or
      project, funds collected through assessments authorized under
      this chapter, only in - 
          (A) obligations of the United States or any agency thereof;
          (B) general obligations of any State or any political
        subdivision thereof;
          (C) any interest-bearing account or certificate of deposit of
        a bank that is a member of the Federal Reserve System; or
          (D) obligations fully guaranteed as to principal and interest
        by the United States;

      except that income from any such invested funds may be used for
      any purpose for which the invested funds may be used;
        (13) to receive, investigate, and report to the Secretary
      complaints of violations of the plan;
        (14) to furnish the Secretary with such information as the
      Secretary may request;
        (15) to recommend to the Secretary amendments to the plan; and
        (16) to develop and recommend to the Secretary for approval
      such regulations as may be necessary for the development and
      execution of programs or projects, or as may otherwise be
      necessary, to carry out the plan.
    (d) Programs and budgets
      (1) Submission to Secretary
        The plan shall provide that the Board shall submit to the
      Secretary for approval any program or project of promotion,
      research, consumer information, or industry information. No
      program or project shall be implemented prior to its approval by
      the Secretary.
      (2) Budgets
        The plan shall require the Board, prior to the beginning of
      each fiscal year, or as may be necessary after the beginning of
      such fiscal year, to submit to the Secretary for approval budgets
      of its anticipated expenses (including reimbursements under
      subsection (b)(10) of this section) and disbursements in the
      implementation of the plan, including projected costs of
      promotion, research, consumer information, and industry
      information programs and projects.
      (3) Incurring expenses
        The Board may incur such expenses for programs or projects of
      research, promotion, consumer information, or industry
      information, and other expenses for the administration,
      maintenance, and functioning of the Board as may be authorized by
      the Secretary, including any implementation, administrative, and
      referendum costs incurred by the Department.
      (4) Paying expenses
        The funds to cover the expenses referred to in paragraph (3)
      shall be paid by the Board from assessments collected under
      section 6007 of this title or funds borrowed pursuant to
      paragraph (5).
      (5) Authority to borrow
        In order to meet the expenses referred to in paragraph (3), the
      Board shall have the authority to borrow funds, as approved by
      the Secretary, for capital outlays and startup costs.
      (6) Limitation on spending
        Effective on the date that is 3 years after the date of the
      establishment of the Board, the Board shall not spend in excess
      of 20 percent of the assessments collected under section 6007 of
      this title for administration of the Board.
    (e) Contracts and agreements
      (1) In general
        To ensure efficient use of funds, the plan shall provide that
      the Board may enter into contracts or agreements for the
      implementation and carrying out of programs or projects of pecan
      promotion, research, consumer information, or industry
      information, including contracts with grower and grower-sheller
      organizations, and for the payment of the cost thereof with funds
      received by the Board under the plan.
      (2) Requirements
        Any such contract or agreement shall provide that - 
          (A) the contracting party shall develop and submit to the
        Board a program or project together with a budget or budgets
        that shall show estimated costs to be incurred for such program
        or project;
          (B) the program or project shall become effective on the
        approval of the Secretary; and
          (C) the contracting party shall keep accurate records of all
        of its transactions, account for funds received and expended,
        make periodic reports to the Board of activities conducted, and
        make such other reports as the Board or the Secretary may
        require.
      (3) Grower and grower-sheller organizations
        The plan shall provide that the Board may contract with grower
      and grower-sheller organizations for any other services. Any such
      contract shall include provisions comparable to those required by
      paragraph (2).
    (f) Books and records of Board
      (1) In general
        The plan shall require the Board to - 
          (A) maintain such books and records (which shall be available
        to the Secretary for inspection and audit) as the Secretary may
        prescribe;
          (B) prepare and submit to the Secretary, from time to time,
        such reports as the Secretary may prescribe; and
          (C) account for the receipt and disbursement of all funds
        entrusted to the Board.
      (2) Audits
        The Board shall cause its books and records to be audited by an
      independent auditor at the end of each fiscal year, and a report
      of such audit to be submitted to the Secretary.
    (g) Prohibition
      The Board shall not engage in any action to, nor shall any funds
    received by the Board under this chapter be used to - 
        (1) influence legislation or governmental action, other than
      recommending to the Secretary amendments to the plan;
        (2) engage in any action that would be a conflict of interest;
      or
        (3) engage in any advertising that may be false or misleading.
    (h) Books and records
      (1) In general
        The plan shall require that each first handler, grower-sheller,
      or importer shall - 
          (A) maintain and submit to the Board any reports considered
        necessary by the Secretary to ensure compliance with this
        chapter; and
          (B) make available during normal business hours, for
        inspection by employees of the Board or Secretary, such books
        and records as are necessary to carry out this chapter,
        including such records as are necessary to verify any required
        reports.
      (2) Time requirement
        The records required under paragraph (1) shall be maintained
      for 2 years beyond the fiscal period of the applicability of such
      records.
      (3) Confidentiality
        (A) In general
          Except as otherwise provided in this chapter, all information
        obtained from books, records, or reports required to be
        maintained under paragraph (1) shall be kept confidential, and
        shall not be disclosed to the public by any person.
        (B) Disclosure
          Information referred to in subparagraph (A) may be disclosed
        to the public only if - 
            (i) the Secretary considers the information relevant;
            (ii) the information is revealed in a suit or
          administrative hearing brought at the direction or on the
          request of the Secretary or to which the Secretary or any
          officer of the Department is a party; and
            (iii) the information relates to this chapter.
        (C) Misconduct
          Any disclosure of confidential information in violation of
        subparagraph (A) by any Board member or employee of the Board,
        except as required by other law or allowed under subparagraph
        (B) or (D), shall be considered a violation of this chapter.
        (D) General statements
          Nothing in this paragraph may be construed to prohibit - 
            (i) the issuance of general statements, based on the
          reports, of the number of persons subject to the plan or
          statistical data collected therefrom, which statements do not
          identify the information furnished by any person; or
            (ii) the publication, by direction of the Secretary, of the
          name of any person violating the plan, together with a
          statement of the particular provisions of the plan violated
          by such person.
      (4) Availability of information
        (A) Exception
          Except as provided in this chapter, information obtained
        under this chapter may be made available to another agency of
        the Federal Government for a civil or criminal law enforcement
        activity if the activity is authorized by law and if the head
        of the agency has made a written request to the Secretary
        specifying the particular information desired and the law
        enforcement activity for which the information is sought.
        (B) Penalty
          Any person knowingly violating this subsection, on
        conviction, shall be subject to a fine of not more than $1,000
        or to imprisonment for not more than 1 year, or both, and if an
        officer or employee of the Board or the Department, shall be
        removed from office.
      (5) Withholding information
        Nothing in this chapter shall be construed to authorize the
      withholding of information from Congress.
    (i) Use of assessments
      The plan shall provide that the assessments collected under
    section 6007 of this title shall be used for payment of the
    expenses in implementing and administering this chapter, with
    provision for a reasonable reserve, and to cover those
    administrative costs incurred by the Secretary in implementing and
    administering this chapter, except for the salaries of Government
    employees incurred in conducting referenda.
    (j) Other terms and conditions
      The plan also shall contain such terms and conditions, not
    inconsistent with this chapter, as determined necessary by the
    Secretary to effectuate this chapter.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1910, Nov. 28, 1990, 104 Stat.
    3841; Pub. L. 102-237, title VIII, Sec. 802(2), Dec. 13, 1991, 105
    Stat. 1882.)


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (b)(8)(G). Pub. L. 102-237 substituted
    "subparagraphs (A), (B), and (C) of paragraph (3)," for "paragraph
    3(A), (B), and (C)," and "subparagraphs (D) and (E) of paragraph
    (3)" for "paragraph (3)(D) and (E)".

-End-



-CITE-
    7 USC Sec. 6006                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6006. Permissive terms in plans

-STATUTE-
    (a) In general
      A plan issued pursuant to this chapter may contain one or more of
    the terms and conditions contained in this section.
    (b) Exemptions
      The plan may provide authority to exempt from the plan pecans
    used for nonfood uses and authority for the Board to require
    satisfactory safeguards against improper uses of such exemptions.
    (c) Different payment and reporting schedules
      The plan may provide authority to designate different payment and
    reporting schedules for growers, grower-shellers, first handlers
    and importers to recognize differences in marketing practices and
    procedures utilized in different production areas.
    (d) Promotion
      The plan may provide for the establishment, issuance,
    effectuation, and administration of appropriate programs or
    projects for the promotion of pecans and for the disbursement of
    necessary funds for such purposes, except that - 
        (1) any such program or project shall be directed toward
      increasing the general demand for pecans; and
        (2) such promotional activities shall comply with other
      restrictions on the use of funds that are established under this
      chapter.
    (e) Research and information
      The plan may provide for establishing and carrying on research,
    consumer information, and industry information projects and studies
    to the end that the marketing and utilization of pecans may be
    encouraged, expanded, improved, or made more efficient, and for the
    disbursement of necessary funds for such purposes.
    (f) Reserve funds
      The plan may provide authority to accumulate reserve funds from
    assessments collected pursuant to this chapter, to permit an
    effective and continuous coordinated program of research, consumer
    information, industry information and promotion in years when the
    production and assessment income may be reduced, except that the
    total reserve fund may not exceed the amount budgeted for the
    operation of the plan for 2 years.
    (g) Foreign markets
      The plan may provide authority to use funds collected under this
    chapter, with the approval of the Secretary, for the development
    and expansion of pecan sales in foreign markets.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1911, Nov. 28, 1990, 104 Stat.
    3847.)

-End-



-CITE-
    7 USC Sec. 6007                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6007. Assessments

-STATUTE-
    (a) In general
      During the effective period of a plan issued pursuant to this
    chapter, assessments shall be - 
        (1) levied on all pecans produced in, and all pecans imported
      into, the United States and marketed; and
        (2) deducted from the payment made to a grower for all pecans
      sold to a first handler.
    (b) Limitation on assessments
      No more than one assessment may be assessed under subsection (a)
    of this section on a grower (as remitted by a first handler),
    grower-sheller, or importer, for any lot of pecans handled or
    imported.
    (c) Remitting assessments
      (1) In general
        Assessments required under subsection (a) of this section shall
      be remitted to the Board by - 
          (A) a first handler; and
          (B) an importer.
      (2) Times to remit assessment
        (A) First handlers
          Each first handler who is not a grower-sheller and who is
        required to remit an assessment under paragraph (1) shall remit
        such assessment to the Board no later than the last day of the
        month following the month that the pecans being assessed were
        purchased or marketed by such first handler.
        (B) Grower-shellers
          Each first handler who is a grower-sheller and who is
        required to remit an assessment under paragraph (1) shall remit
        such assessment to the Board, to the extent practicable, in
        payments of one-third of the total annual amount of such
        assessment due to the Board on January 31, March 31, and May
        10, or such dates as may be recommended by the Board and
        approved by the Secretary, during the fiscal year that the
        pecans being assessed were harvested.
        (C) Importers
          Importers of pecans into the United States shall pay the
        assessment at the time the pecans enter the United States and
        shall remit such assessment to the Board.
    (d) Assessment rate
      (1) In general
        Except as provided in paragraph (2), assessment rates shall be
      recommended by the Board and approved by the Secretary, except
      that the maximum assessment shall not exceed - 
          (A) during the period commencing on the effective date of the
        issuance of a plan and ending on the date the referendum is
        conducted under section 6011(a) of this title, one-half cent
        per pound for in-shell pecans as determined by the Board and
        approved by the Secretary; and
          (B) after such period, 2 cents per pound for in-shell pecans.
      (2) Adjusting rate for shelled pecans
        The rate of assessment of shelled pecans shall be twice the
      rate established for in-shell pecans pursuant to paragraph (1).
      (3) Special State assessment
        (A) In general
          Notwithstanding any other provision of this chapter, with the
        approval of the Secretary and if authorized by State law and
        requested by such State, a special assessment of one-quarter
        cent per pound for in-shell pecans, and an appropriate per-
        pound assessment for shelled pecans as adjusted under
        paragraph (2), shall be remitted to the Board for the purpose
        of utilizing such funds by a State pecan marketing board for
        research projects to promote pecans pursuant to State law.
        (B) Collection and remittance
          The Board shall collect such assessments and upon receipt of
        such assessments shall remit such assessments to the State,
        within a time period mutually agreed upon between the State and
        the Board, and approved by the Secretary. In the collection of
        such State assessments, neither the Board nor the Secretary
        shall in any manner enforce the collection or remittance of any
        such payment by producers of such State assessments or
        investigate nonpayment of such State assessments, except to
        provide to a State the names of growers from whom such
        assessments were collected and the respective amounts of
        assessments collected.
        (C) Regulations
          The Secretary is authorized to make such regulations as may
        be necessary to carry out the provisions of this section.
    (e) Late-payment charge
      (1) In general
        There shall be a late-payment charge imposed on any person who
      fails to remit, on or before the due date established by the
      Board under subsection (c)(2) of this section, to the Board the
      total amount for which such person is liable.
      (2) Amount of charge
        The amount of the late-payment charge imposed under paragraph
      (1) shall be prescribed by the Board with the approval of the
      Secretary.
    (f) Refund of assessments from escrow account
      (1) Establishment of escrow account
        During the period beginning on the effective date of a plan
      first issued under section 6003 of this title and ending on the
      date the referendum is conducted under section 6011(a) of this
      title, the Board shall - 
          (A) establish an escrow account to be used for assessment
        refunds; and
          (B) place funds in such account in accordance with paragraph
        (2).
      (2) Placement of funds in account
        The Board shall place in such account, from assessments
      collected during the period referred to in paragraph (1), an
      amount equal to the product obtained by multiplying the total
      amount of assessments collected during such period by 10 percent.
      (3) Right to receive refund
        Subject to paragraphs (4), (5), and (6), any grower, grower-
      sheller, or importer shall have the right to demand and receive
      from the Board a one-time refund of assessments paid by or on
      behalf of such grower, grower-sheller, or importer during the
      period referred to in paragraph (1) if - 
          (A) such grower, grower-sheller, or importer is required to
        pay such assessments;
          (B) such grower, grower-sheller, or importer does not support
        the program established under this chapter;
          (C) such grower, grower-sheller, or importer demands such
        refund prior to the conduct of the referendum under section
        6011(a) of this title; and
          (D) the plan is not approved pursuant to the referendum
        conducted under section 6011(a) of this title.
      (4) Form of demand
        Such demand shall be made in accordance with regulations, on a
      form, and within a time period prescribed by the Board.
      (5) Making of refund
        Such refund shall be made on submission of proof satisfactory
      to the Board that such grower, grower-sheller, or importer paid
      the assessment for which refund is demanded.
      (6) Proration
        If - 
          (A) the amount in the escrow account required by paragraph
        (1) is not sufficient to refund the total amount of assessments
        demanded by eligible growers, grower-shellers, or importers;
        and
          (B) the plan is not approved pursuant to the referendum
        conducted under section 6011(a) of this title;

      the Board shall prorate the amount of such refunds among all
      eligible growers, grower-shellers, and importers who demand such
      refund.
      (7) Program approved
        If the plan is approved pursuant to the referendum conducted
      under section 6011(a) of this title, all funds in the escrow
      account shall be returned to the Board for use by the Board in
      accordance with this chapter.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1912, Nov. 28, 1990, 104 Stat.
    3848.)

-End-



-CITE-
    7 USC Sec. 6008                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6008. Petition and review

-STATUTE-
    (a) Petition
      (1) In general
        A person subject to a plan issued under this chapter may file
      with the Secretary a petition - 
          (A) stating that the plan, any provision of the plan, or any
        obligation imposed in connection with the plan is not in
        accordance with law; and
          (B) requesting a modification of the plan or an exemption
        from the plan.
      (2) Hearings
        The petitioner shall be given the opportunity for a hearing on
      the petition, on the record and in accordance with regulations
      issued by the Secretary.
      (3) Ruling
        After such hearing, the Secretary shall make a ruling on the
      petition, which shall be final if in accordance with law.
    (b) Review
      (1) Commencement of action
        The district courts of the United States in any district in
      which a person who is a petitioner under subsection (a) of this
      section resides or carries on business are hereby vested with
      jurisdiction to review the ruling on such person's petition, if a
      complaint for that purpose is filed within 20 days after the date
      of the entry of a ruling by the Secretary under subsection (a) of
      this section.
      (2) Process
        Service of process in such proceedings shall be conducted in
      accordance with the Federal Rules of Civil Procedure.
      (3) Remands
        If the court determines that such ruling is not in accordance
      with law, the court shall remand the matter to the Secretary with
      directions either - 
          (A) to make such ruling as the court shall determine to be in
        accordance with law; or
          (B) to take such further proceedings as, in the opinion of
        the court, the law requires.
      (4) Enforcement
        The pendency of proceedings instituted under subsection (a) of
      this section shall not impede, hinder, or delay the Attorney
      General or the Secretary from taking any action under section
      6009 of this title.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1913, Nov. 28, 1990, 104 Stat.
    3850.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec.
    (b)(2), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.

-End-



-CITE-
    7 USC Sec. 6009                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6009. Enforcement

-STATUTE-
    (a) Jurisdiction
      The district courts of the United States shall have jurisdiction
    specifically to enforce, and to prevent and restrain a person from
    violating, this chapter or any plan or regulation issued under this
    chapter.
    (b) Referral to Attorney General
      A civil action to be brought under this section shall be referred
    to the Attorney General for appropriate action, except that the
    Secretary is not required to refer to the Attorney General a
    violation of this chapter or any plan or regulation issued under
    this chapter if the Secretary believes that the administration and
    enforcement of this chapter would be adequately served by
    administrative action under subsection (c) of this section or by
    providing a suitable written notice or warning to any person
    committing the violation.
    (c) Civil penalties and orders
      (1) Civil penalties
        (A) In general
          A person who willfully violates any provision of this chapter
        or any plan or regulation issued under this chapter, or who
        fails to pay, collect, or remit any assessment or fee required
        of the person under this chapter or any plan or regulation
        issued under this chapter, may be assessed by the Secretary a
        civil penalty of not less than $1,000 nor more than $10,000 for
        each such violation.
        (B) Separate offense
          Each violation described in subparagraph (A) shall be a
        separate offense.
      (2) Cease and desist orders
        In addition to or in lieu of such civil penalty, the Secretary
      may issue an order requiring such person to cease and desist from
      continuing such violation.
      (3) Notice and hearing
        No penalty shall be assessed or cease and desist order issued
      by the Secretary under this subsection unless the Secretary gives
      the person against whom the order is issued notice and
      opportunity for a hearing on the record with respect to such
      violation.
      (4) Finality
        The order of the Secretary assessing a penalty or imposing a
      cease and desist order shall be final and conclusive unless the
      person against whom the order is issued files an appeal from the
      Secretary's order in accordance with subsection (d) of this
      section.
    (d) Review by district court
      (1) Commencement of action
        A person against whom a civil penalty is assessed or a cease
      and desist order is issued under subsection (c) of this section
      may obtain review of such penalty or order in the district court
      of the United States for the district in which such person
      resides or does business, or in the United States District Court
      for the District of Columbia, by - 
          (A) filing, within the 30-day period beginning on the date
        such penalty is assessed or order issued, a notice of appeal in
        such court; and
          (B) simultaneously sending a copy of the notice by certified
        mail to the Secretary.
      (2) Record
        The Secretary shall promptly file in such court a certified
      copy of the record on which the Secretary found that the person
      had committed a violation.
      (3) Standard of review
        A finding of the Secretary shall be set aside only if the
      finding is found to be unsupported by substantial evidence.
    (e) Failure to obey orders
      Any person who fails to obey a cease and desist order after the
    order has become final and unappealable, or after the appropriate
    district court has entered a final judgment in favor of the
    Secretary, shall be subject to a civil penalty assessed by the
    Secretary, after opportunity for a hearing on the record and for
    judicial review under the procedures specified in subsections (c)
    and (d) of this section, of not more than $1,000 for each offense.
    Each day during which the failure continues shall be considered a
    separate violation of such order.
    (f) Failure to pay penalty
      If a person fails to pay a civil penalty after it has become a
    final and unappealable order issued by the Secretary, or after the
    appropriate district court has entered a final judgment in favor of
    the Secretary, the Secretary shall refer the matter to the Attorney
    General for recovery of the amount assessed in the district court
    of the United States in any district in which the person resides or
    conducts business. In such action, the validity and appropriateness
    of such order imposing such civil penalty shall not be subject to
    review.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1914, Nov. 28, 1990, 104 Stat.
    3851.)

-End-



-CITE-
    7 USC Sec. 6010                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6010. Investigations and power to subpoena

-STATUTE-
    (a) In general
      The Secretary may make such investigations as the Secretary
    determines necessary - 
        (1) for the effective administration of this chapter; or
        (2) to determine whether a person has engaged or is engaging in
      any act or practice that constitutes a violation of any provision
      of this chapter, or of any plan, rule, or regulation issued under
      this chapter.
    (b) Power to subpoena
      (1) Investigations
        For the purpose of an investigation made under subsection (a)
      of this section, the Secretary is authorized to administer oaths
      and affirmations and to issue a subpoena to require the
      production of any records that are relevant to the inquiry. The
      production of any such records may be required from any place in
      the United States.
      (2) Administrative hearings
        For the purpose of an administrative hearing held under section
      6008 or 6009 of this title, the presiding officer is authorized
      to administer oaths and affirmations, subpoena witnesses, compel
      their attendance, take evidence, and require the production of
      any records that are relevant to the inquiry. Such attendance of
      witnesses and the production of any such records may be required
      from any place in the United States.
    (c) Aid of courts
      In case of contumacy by, or refusal to obey a subpoena issued to,
    any person, the Secretary may invoke the aid of any court of the
    United States within the jurisdiction of which such investigation
    or proceeding is carried on, or where such person resides or
    carries on business, in order to enforce a subpoena issued by the
    Secretary under subsection (b) of this section. The court may issue
    an order requiring such person to comply with such a subpoena.
    (d) Contempt
      Any failure to obey such order of the court may be punished by
    such court as a contempt thereof.
    (e) Process
      Process in any such case may be served in the judicial district
    in which such person resides or conducts business or wherever such
    person may be found.
    (f) Hearing site
      The site of any hearings held under section 6008 or 6009 of this
    title shall be within the judicial district where such person
    resides or has a principal place of business.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1915, Nov. 28, 1990, 104 Stat.
    3852; Pub. L. 102-237, title VIII, Sec. 802(3), Dec. 13, 1991, 105
    Stat. 1882.)


-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (b)(2). Pub. L. 102-237 struck out "section" after
    "6008 or".

-End-



-CITE-
    7 USC Sec. 6011                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6011. Requirement of referendum

-STATUTE-
    (a) In general
      Not later than 24 months after the effective date of the plan
    first issued under section 6003 of this title, the Secretary shall
    conduct a referendum among growers, grower-shellers, and importers,
    who during a representative period determined by the Secretary have
    been engaged in the production or importation of pecans, for the
    purpose of ascertaining whether growers, grower-shellers, and
    importers favor continuation, termination, or suspension of the
    plan.
    (b) Other referenda
      (1) In general
        After the referendum required under subsection (a) of this
      section, the Secretary shall hold a referendum on request of the
      Board or 10 percent or more of the total number of growers,
      grower-shellers, and importers, to determine if growers, grower-
      shellers, and importers favor the termination or suspension of
      the plan.
      (2) Suspension or termination
        The Secretary shall terminate or suspend such plan, in
      accordance with section 6012(b) of this title, whenever the
      Secretary determines that such suspension or termination is
      favored by a majority of those voting in a referendum.
    (c) Costs of referendum
      The Secretary shall be reimbursed from any assessments collected
    by the Board for any expenses incurred by the Department in
    connection with the conduct of any referendum under this chapter,
    except for the salaries of Government employees.
    (d) Manner
      (1) In general
        Referenda conducted pursuant to this chapter shall be conducted
      in such a manner as is determined by the Secretary.
      (2) Advance registration
        A grower, grower-sheller, or importer who chooses to vote in
      any referendum conducted under this chapter shall register in
      person prior to the voting period at the appropriate local office
      of the Agricultural Stabilization and Conservation Service, as
      determined by the Secretary, for such grower, grower-sheller, or
      by mailing such a request to the Secretary on behalf of an
      importer.
      (3) Voting
        A grower, grower-sheller, or importer who votes in any
      referendum conducted under this chapter shall vote in person at
      the appropriate local office of the Agricultural Stabilization
      and Conservation Service, as determined by the Secretary or by
      mail to the Secretary.
      (4) Notice
        Each Agricultural Stabilization and Conservation Service office
      shall notify all growers, grower-shellers, and importers in the
      area of such office, as determined by the Secretary, at least 30
      days prior to a referendum conducted under this chapter. Such
      notice shall explain the registration and voting procedures
      established under this subsection.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1916, Nov. 28, 1990, 104 Stat.
    3853.)

-End-



-CITE-
    7 USC Sec. 6012                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6012. Suspension or termination of plan

-STATUTE-
    (a) Mandatory suspension or termination
      The Secretary shall, whenever the Secretary finds that the plan
    or any provision of the plan obstructs or does not tend to
    effectuate the declared policy of this chapter, terminate or
    suspend the operation of such plan or provision.
    (b) Suspension or termination
      If, as a result of any referendum conducted under this chapter,
    the Secretary determines that suspension or termination of a plan
    is favored by a majority of the growers, grower-shellers, and
    importers voting in the referendum, the Secretary shall - 
        (1) within 6 months after making such determination, suspend or
      terminate, as the case may be, collection of assessments under
      the plan; and
        (2) suspend or terminate, as the case may be, activities under
      the plan in an orderly manner as soon as practicable.
    (c) Limitation
      The termination or suspension of any plan, or any provision
    thereof, shall not be considered a plan within the meaning of this
    chapter.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1917, Nov. 28, 1990, 104 Stat.
    3854.)

-End-



-CITE-
    7 USC Sec. 6013                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 89 - PECAN PROMOTION AND RESEARCH

-HEAD-
    Sec. 6013. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated for each fiscal year such
    sums as are necessary to carry out this chapter.
    (b) Administrative expenses
      Funds appropriated to carry out this chapter shall not be
    available for payment of the expenses or expenditures of the Board
    in administering any provision of any plan issued under this
    chapter.

-SOURCE-
    (Pub. L. 101-624, title XIX, Sec. 1918, Nov. 28, 1990, 104 Stat.
    3854.)

-End-