I

104TH CONGRESS

1ST SESSION H. R. 2593

To enable processors of popcorn to develop, finance, and carry out a nationally

coordinated program for popcorn promotion, research, consumer information, and industry information, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 7, 1995

Mr. LATHAM introduced the following bill; which was referred to the

Committee on Agriculture

A BILL

To enable processors of popcorn to develop, finance, and

carry out a nationally coordinated program for popcorn

promotion, research, consumer information, and industry

information, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Popcorn Promotion,

5 Research, and Consumer Information Act’’.

6 SEC. 2. FINDINGS AND DECLARATION OF POLICY.

7 (a) FINDINGS.—Congress finds that—
2

•HR 2593 IH

1 (1) popcorn is an important food that is a valu2 able part of the human diet;

3 (2) the production and processing of popcorn

4 plays a significant role in the economy of the United

5 States in that popcorn is processed by several pop6 corn processors, distributed through wholesale and

7 retail outlets, and consumed by millions of people

8 throughout the United States and foreign countries;

9 (3) popcorn must be of high quality, readily

10 available, handled properly, and marketed efficiently

11 to ensure that the benefits of popcorn are available

12 to the people of the United States;

13 (4) the maintenance and expansion of existing

14 markets and uses and the development of new mar15 kets and uses for popcorn are vital to the welfare of

16 processors and persons concerned with marketing,

17 using, and producing popcorn for the market, as well

18 as to the agricultural economy of the United States;

19 (5) the cooperative development, financing, and

20 implementation of a coordinated program of popcorn

21 promotion, research, consumer information, and in22 dustry information is necessary to maintain and ex23 pand markets for popcorn; and

24 (6) popcorn moves in interstate and foreign

25 commerce, and popcorn that does not move in those
3

•HR 2593 IH

1 channels of commerce directly burdens or affects

2 interstate commerce in popcorn.

3 (b) POLICY.—It is the policy of Congress that it is

4 in the public interest to authorize the establishment,

5 through the exercise of the powers provided in this Act,

6 of an orderly procedure for developing, financing (through

7 adequate assessments on unpopped popcorn processed do8 mestically), and carrying out an effective, continuous, and

9 coordinated program of promotion, research, consumer in10 formation, and industry information designed to—

11 (1) strengthen the position of the popcorn in12 dustry in the marketplace; and

13 (2) maintain and expand domestic and foreign

14 markets and uses for popcorn.

15 (c) PURPOSES.—The purposes of this Act are to—

16 (1) maintain and expand the markets for all

17 popcorn products in a manner that—

18 (A) is not designed to maintain or expand

19 any individual share of a producer or processor

20 of the market;

21 (B) does not compete with or replace indi22 vidual advertising or promotion efforts designed

23 to promote individual brand name or trade

24 name popcorn products; and
4

•HR 2593 IH

1 (C) authorizes and funds programs that

2 result in government speech promoting govern3 ment objectives; and

4 (2) establish a nationally coordinated program

5 for popcorn promotion, research, consumer informa6 tion, and industry information.

7 (d) STATUTORY CONSTRUCTION.—This Act treats

8 processors equitably. Nothing in this Act—

9 (1) provides for the imposition of a trade bar10 rier to the entry into the United States of imported

11 popcorn for the domestic market; or

12 (2) provides for the control of production or

13 otherwise limits the right of any individual processor

14 to produce popcorn.

15 SEC. 3. DEFINITIONS.

16 In this Act (except as otherwise specifically provided):

17 (1) BOARD.—The term ‘‘Board’’ means the

18 Popcorn Board established under section 5(b).

19 (2) COMMERCE.—The term ‘‘commerce’’ means

20 interstate, foreign, or intrastate commerce.

21 (3) CONSUMER INFORMATION.—The term

22 ‘‘consumer information’’ means information and pro23 grams that will assist consumers and other persons

24 in making evaluations and decisions regarding the

25 purchase, preparation, and use of popcorn.
5

•HR 2593 IH

1 (4) DEPARTMENT.—The term ‘‘Department’’

2 means the Department of Agriculture.

3 (5) INDUSTRY INFORMATION.—The term ‘‘in4 dustry information’’ means information and pro5 grams that will lead to the development of—

6 (A) new markets, new marketing strate7 gies, or increased efficiency for the popcorn in8 dustry; or

9 (B) activities to enhance the image of the

10 popcorn industry.

11 (6) MARKETING.—The term ‘‘marketing’’

12 means the sale or other disposition of unpopped pop13 corn for human consumption in a channel of com14 merce, but does not include a sale or disposition to

15 or between processors.

16 (7) ORDER.—The term ‘‘order’’ means an order

17 issued under section 4.

18 (8) PERSON.—The term ‘‘person’’ means an in19 dividual, group of individuals, partnership, corpora20 tion, association, or cooperative, or any other legal

21 entity.

22 (9) POPCORN.—The term ‘‘popcorn’’ means

23 unpopped popcorn (Zea Mays L), commercially

24 grown in the United States, processed by shelling,
6

•HR 2593 IH

1 cleaning, or drying and introduced into a channel of

2 commerce.

3 (10) PROCESS.—The term ‘‘process’’ means to

4 shell, clean, dry, and prepare popcorn for the mar5 ket, but does not include packaging popcorn for the

6 market without also engaging in another activity de7 scribed in this paragraph.

8 (11) PROCESSOR.—The term ‘‘processor’’

9 means a person engaged in the preparation of

10 unpopped popcorn for the market who owns or

11 shares the ownership and risk of loss of the popcorn

12 and who processes and distributes over 4,000,000

13 pounds of popcorn in the market per year.

14 (12) PROMOTION.—The term ‘‘promotion’’

15 means an action, including paid advertising, to en16 hance the image or desirability of popcorn.

17 (13) RESEARCH.—The term ‘‘research’’ means

18 any type of study to advance the image, desirability,

19 marketability, production, product development,

20 quality, or nutritional value of popcorn.

21 (14) SECRETARY.—The term ‘‘Secretary’’

22 means the Secretary of Agriculture.

23 (15) STATE.—The term ‘‘State’’ means each of

24 the 50 States and the District of Columbia.
7

•HR 2593 IH

1 (16) UNITED STATES.—The term ‘‘United

2 States’’ means all of the States.

3 SEC. 4. ISSUANCE OF ORDERS.

4 (a) IN GENERAL.—To effectuate the policy described

5 in section 2(b), the Secretary, subject to subsection (b),

6 shall issue 1 or more orders applicable to processors. An

7 order shall be applicable to all popcorn production and

8 marketing areas in the United States. Not more than 1

9 order shall be in effect under this Act at any 1 time.

10 (b) PROCEDURE.—

11 (1) PROPOSAL OR REQUEST FOR ISSUANCE.—

12 The Secretary may propose the issuance of an order,

13 or an association of processors or any other person

14 that would be affected by an order may request the

15 issuance of, and submit a proposal for, an order.

16 (2) NOTICE AND COMMENT CONCERNING PRO17 POSED ORDER.—Not later than 30 days after the re18 ceipt of a request and proposal for an order under

19 paragraph (1), or at such time as the Secretary de20 termines to propose an order, the Secretary shall

21 publish a proposed order and give due notice and op22 portunity for public comment on the proposed order.

23 (3) ISSUANCE OF ORDER.—After notice and op24 portunity for public comment under paragraph (2),

25 the Secretary shall issue an order, taking into con-
8

•HR 2593 IH

1 sideration the comments received and including in

2 the order such provisions as are necessary to ensure

3 that the order conforms to this Act. The order shall

4 be issued and become effective not later than 150

5 days after the date of publication of the proposed

6 order.

7 (c) AMENDMENTS.—The Secretary, as appropriate,

8 may amend an order. The provisions of this Act applicable

9 to an order shall be applicable to any amendment to an

10 order, except that an amendment to an order may not re11 quire a referendum to become effective.

12 SEC. 5. REQUIRED TERMS IN ORDERS.

13 (a) IN GENERAL.—An order shall contain the terms

14 and conditions specified in this section.

15 (b) ESTABLISHMENT AND MEMBERSHIP OF POP16 CORN BOARD.—

17 (1) IN GENERAL.—The order shall provide for

18 the establishment of, and appointment of members

19 to, a Popcorn Board that shall consist of not fewer

20 than 4 members and not more than 9 members.

21 (2) NOMINATIONS.—The members of the Board

22 shall be processors appointed by the Secretary from

23 nominations submitted by processors in a manner

24 authorized by the Secretary, subject to paragraph

25 (3). Not more than 1 member may be appointed to
9

•HR 2593 IH

1 the Board from nominations submitted by any 1

2 processor.

3 (3) GEOGRAPHICAL DIVERSITY.—In making ap4 pointments, the Secretary shall take into account, to

5 the extent practicable, the geographical distribution

6 of popcorn production throughout the United States.

7 (4) TERMS.—The term of appointment of each

8 member of the Board shall be 3 years, except that

9 the members appointed to the initial Board shall

10 serve, proportionately, for terms of 2, 3, and 4

11 years, as determined by the Secretary.

12 (5) COMPENSATION AND EXPENSES.—A mem13 ber of the Board shall serve without compensation,

14 but shall be reimbursed for the expenses of the

15 member incurred in the performance of duties for

16 the Board.

17 (c) POWERS AND DUTIES OF BOARD.—The order

18 shall define the powers and duties of the Board, which

19 shall include the power and duty—

20 (1) to administer the order in accordance with

21 the terms and provisions of the order;

22 (2) to make regulations to effectuate the terms

23 and provisions of the order;

24 (3) to appoint members of the Board to serve

25 on an executive committee;
10

•HR 2593 IH

1 (4) to propose, receive, evaluate, and approve

2 budgets, plans, and projects of promotion, research,

3 consumer information, and industry information,

4 and to contract with appropriate persons to imple5 ment the plans or projects;

6 (5) to accept and receive voluntary contribu7 tions, gifts, and market promotion or similar funds;

8 (6) to invest, pending disbursement under a

9 plan or project, funds collected through assessments

10 authorized under subsection (f), only in—

11 (A) obligations of the United States or an

12 agency of the United States;

13 (B) general obligations of a State or a po14 litical subdivision of a State;

15 (C) an interest-bearing account or certifi16 cate of deposit of a bank that is a member of

17 the Federal Reserve System; or

18 (D) obligations fully guaranteed as to prin19 cipal and interest by the United States;

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

21 Secretary complaints of violations of the order; and

22 (8) to recommend to the Secretary amendments

23 to the order.

24 (d) PLANS AND BUDGETS.—
11

•HR 2593 IH

1 (1) IN GENERAL.—The order shall provide that

2 the Board shall submit to the Secretary for approval

3 any plan or project of promotion, research, consumer

4 information, or industry information.

5 (2) BUDGETS.—The order shall require the

6 Board to submit to the Secretary for approval budg7 ets on a fiscal year basis of the anticipated expenses

8 and disbursements of the Board in the implementa9 tion of the order, including projected costs of plans

10 and projects of promotion, research, consumer infor11 mation, and industry information.

12 (e) CONTRACTS AND AGREEMENTS.—

13 (1) IN GENERAL.—The order shall provide that

14 the Board may enter into contracts or agreements

15 for the implementation and carrying out of plans or

16 projects of promotion, research, consumer informa17 tion, or industry information, including contracts

18 with a processor organization, and for the payment

19 of the cost of the plans or projects with funds col20 lected by the Board under the order.

21 (2) REQUIREMENTS.—A contract or agreement

22 under paragraph (1) shall provide that—

23 (A) the contracting party shall develop and

24 submit to the Board a plan or project, together
12

•HR 2593 IH

1 with a budget that shows the estimated costs

2 to be incurred for the plan or project;

3 (B) the plan or project shall become effec4 tive on the approval of the Secretary; and

5 (C) the contracting party shall keep accu6 rate records of each transaction of the party,

7 account for funds received and expended, make

8 periodic reports to the Board of activities con9 ducted, and make such other reports as the

10 Board or the Secretary may require.

11 (3) PROCESSOR ORGANIZATIONS.—The order

12 shall provide that the Board may contract with proc13 essor organizations for any other services. The con14 tract shall include provisions comparable to the pro15 visions required by paragraph (2).

16 (f) ASSESSMENTS.—

17 (1) PROCESSORS.—The order shall provide that

18 each processor marketing popcorn in the United

19 States or for export shall, in the manner prescribed

20 in the order, pay assessments and remit the assess21 ments to the Board.

22 (2) DIRECT MARKETERS.—A processor that

23 markets popcorn produced by the processor directly

24 to consumers shall pay and remit the assessments on
13

•HR 2593 IH

1 the popcorn directly to the Board in the manner pre2 scribed in the order.

3 (3) RATE.—

4 (A) IN GENERAL.—The rate of assessment

5 prescribed in the order shall be a rate estab6 lished by the Board but not more than $.08 per

7 hundredweight of popcorn.

8 (B) ADJUSTMENT OF RATE.—The order

9 shall provide that the Board, with the approval

10 of the Secretary, may raise or lower the rate of

11 assessment annually up to a maximum of $.08

12 per hundredweight of popcorn.

13 (4) USE OF ASSESSMENTS.—

14 (A) IN GENERAL.—Subject to subpara15 graph (B), the order shall provide that the as16 sessments collected shall be used by the

17 Board—

18 (i) to pay the expenses incurred in im19 plementing and administering the order,

20 with provision for a reasonable reserve;

21 and

22 (ii) to cover such administrative costs

23 as are incurred by the Secretary after the

24 order has been issued under this Act, ex25 cept that the costs incurred by the Sec-
14

•HR 2593 IH

1 retary that may be reimbursed by the

2 Board may not exceed 5 percent of the

3 projected annual revenues of the Board.

4 (B) EXPENDITURES BASED ON SOURCE OF

5 ASSESSMENTS.—In implementing plans and

6 projects of promotion, research, consumer infor7 mation, and industry information, the Board

8 shall expend funds on—

9 (i) plans and projects for domestic

10 popcorn (including Canadian popcorn) in

11 proportion to the amount of assessments

12 collected on popcorn marketed domestically

13 (including Canada); and

14 (ii) plans and projects for exported

15 popcorn in proportion to the amount of as16 sessments collected on exported popcorn.

17 (g) PROHIBITION ON USE OF FUNDS.—The order

18 shall prohibit any funds collected by the Board under the

19 order from being used to influence government action or

20 policy, other than the use of funds by the Board for the

21 development and recommendation to the Secretary of

22 amendments to the order.

23 (h) BOOKS AND RECORDS OF THE BOARD.—The

24 order shall require the Board to—
15

•HR 2593 IH

1 (1) maintain such books and records (which

2 shall be available to the Secretary for inspection and

3 audit) as the Secretary may prescribe;

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

5 time to time, such reports as the Secretary may pre6 scribe; and

7 (3) account for the receipt and disbursement of

8 all funds entrusted to the Board.

9 (i) BOOKS AND RECORDS OF PROCESSORS.—

10 (1) MAINTENANCE AND REPORTING OF INFOR11 MATION.—The order shall require that each proc12 essor of popcorn for the market shall—

13 (A) maintain, and make available for in14 spection, such books and records as are re15 quired by the order; and

16 (B) file reports at such time, in such man17 ner, and having such content as is prescribed in

18 the order.

19 (2) USE OF INFORMATION.—The Secretary

20 shall authorize the use of information regarding

21 processors that may be accumulated under a law or

22 regulation other than this Act or a regulation issued

23 under this Act. The information shall be made avail24 able to the Secretary as appropriate for the adminis-
16

•HR 2593 IH

1 tration or enforcement of this Act, the order, or any

2 regulation issued under this Act.

3 (3) CONFIDENTIALITY.—

4 (A) IN GENERAL.—Subject to subpara5 graphs (B), (C), and (D), all information ob6 tained by the Secretary under paragraphs (1)

7 and (2) shall be kept confidential by all officers,

8 employees, and agents of the Board and the

9 Department.

10 (B) DISCLOSURE BY SECRETARY.—Infor11 mation referred to in subparagraph (A) may be

12 disclosed if—

13 (i) the Secretary considers the infor14 mation relevant;

15 (ii) the information is revealed in a

16 suit or administrative hearing brought at

17 the request of the Secretary, or to which

18 the Secretary or any officer of the United

19 States is a party; and

20 (iii) the information relates to the

21 order.

22 (C) DISCLOSURE TO OTHER AGENCY OF

23 FEDERAL GOVERNMENT.—

24 (i) IN GENERAL.—No information ob25 tained under the authority of this Act may
17

•HR 2593 IH

1 be made available to another agency or of2 ficer of the Federal Government for any

3 purpose other than the implementation of

4 this Act and any investigatory or enforce5 ment activity necessary for the implemen6 tation of this Act.

7 (ii) PENALTY.—A person who violates

8 this subparagraph shall, on conviction, be

9 subject to a fine of not more than $1,000

10 or to imprisonment for not more than 1

11 year, or both, and if an officer, employee,

12 or agent of the Board or the Department,

13 shall be removed from office or terminated

14 from employment, as applicable.

15 (D) GENERAL STATEMENTS.—Nothing in

16 this paragraph prohibits—

17 (i) the issuance of general statements,

18 based on the reports, of the number of per19 sons subject to the order or statistical data

20 collected from the reports, if the state21 ments do not identify the information pro22 vided by any person; or

23 (ii) the publication, by direction of the

24 Secretary, of the name of a person violat25 ing the order, together with a statement of
18

•HR 2593 IH

1 the particular provisions of the order vio2 lated by the person.

3 (j) OTHER TERMS AND CONDITIONS.—The order

4 shall contain such terms and conditions, consistent with

5 this Act, as are necessary to effectuate this Act, including

6 regulations relating to the assessment of late payment

7 charges.

8 SEC. 6. REFERENDA.

9 (a) INITIAL REFERENDUM.—

10 (1) IN GENERAL.—Within the 60-day period

11 immediately preceding the effective date of an order,

12 as provided in section 4(b)(3), the Secretary shall

13 conduct a referendum among processors who, during

14 a representative period as determined by the Sec15 retary, have been engaged in processing, for the pur16 pose of ascertaining whether the order shall go into

17 effect.

18 (2) APPROVAL OF ORDER.—The order shall be19 come effective, as provided in section 4(b), only if

20 the Secretary determines that the order has been ap21 proved by not less than a majority of the processors

22 voting in the referendum and if the majority proc23 essed more than 50 percent of the popcorn certified

24 as having been processed, during the representative

25 period, by the processors voting.
19

•HR 2593 IH

1 (b) ADDITIONAL REFERENDA.—

2 (1) IN GENERAL.—Not earlier than 3 years

3 after the effective date of an order approved under

4 subsection (a), on the request of the Board or a rep5 resentative group of processors, as described in

6 paragraph (2), the Secretary may conduct an addi7 tional referendum to determine whether processors

8 favor the termination or suspension of the order.

9 (2) REPRESENTATIVE GROUP OF PROC10 ESSORS.—An additional referendum on an order

11 shall be conducted if the referendum is requested by

12 40 percent or more of the number of processors who,

13 during a representative period as determined by the

14 Secretary, have been engaged in processing.

15 (3) DISAPPROVAL OF ORDER.—If the Secretary

16 determines, in a referendum conducted under para17 graph (1), that suspension or termination of the

order is favored by at least 2 18 ⁄3 of the processors vot19 ing in the referendum, the Secretary shall—

20 (A) suspend or terminate, as appropriate,

21 collection of assessments under the order not

22 later than 180 days after the date of determina23 tion; and
20

•HR 2593 IH

1 (B) suspend or terminate the order, as ap2 propriate, in an orderly manner as soon as

3 practicable after the date of determination.

4 (c) COSTS OF REFERENDUM.—The Secretary shall be

5 reimbursed from assessments collected by the Board for

6 any expenses incurred by the Secretary in connection with

7 the conduct of any referendum under this section, except

8 for the salaries of Government employees associated with

9 conducting a referendum.

10 (d) METHOD OF CONDUCTING REFERENDUM.—Sub11 ject to this section, a referendum conducted under this

12 section shall be conducted in such manner as is deter13 mined by the Secretary.

14 (e) CONFIDENTIALITY OF BALLOTS AND OTHER IN15 FORMATION.—

16 (1) IN GENERAL.—The ballots and other infor17 mation or reports that reveal or tend to reveal the

18 vote of any processor, or any business operation of

19 a processor, shall be considered to be strictly con20 fidential and shall not be disclosed.

21 (2) PENALTY FOR VIOLATIONS.—An officer or

22 employee of the Department who violates paragraph

23 (1) shall be subject to the penalties described in sec24 tion 5(i)(3)(C)(ii).
21

•HR 2593 IH

1 SEC. 7. PETITION AND REVIEW.

2 (a) PETITION.—

3 (1) IN GENERAL.—A person subject to an order

4 may file with the Secretary a petition—

5 (A) stating that the order, a provision of

6 the order, or an obligation imposed in connec7 tion with the order is not established in accord8 ance with law; and

9 (B) requesting a modification of the order

10 or obligation or an exemption from the order or

11 obligation.

12 (2) HEARINGS.—The petitioner shall be given

13 the opportunity for a hearing on a petition filed

14 under paragraph (1), in accordance with regulations

15 issued by the Secretary.

16 (3) RULING.—After a hearing under paragraph

17 (2), the Secretary shall issue a ruling on the petition

18 that is the subject of the hearing, which shall be

19 final if the ruling is in accordance with applicable

20 law.

21 (b) REVIEW.—

22 (1) COMMENCEMENT OF ACTION.—The district

23 court of the United States for any district in which

24 a person who is a petitioner under subsection (a) re25 sides or carries on business shall have jurisdiction to

26 review a ruling on the petition, if the person files a
22

•HR 2593 IH

1 complaint not later than 20 days after the date of

2 issuance of the ruling under subsection (a)(3).

3 (2) PROCESS.—Service of process in a proceed4 ing under paragraph (1) may be made on the Sec5 retary by delivering a copy of the complaint to the

6 Secretary.

7 (3) REMANDS.—If the court determines, under

8 paragraph (1), that a ruling issued under subsection

9 (a)(3) is not in accordance with applicable law, the

10 court shall remand the matter to the Secretary with

11 directions—

12 (A) to make such ruling as the court shall

13 determine to be in accordance with law; or

14 (B) to take such further proceedings as, in

15 the opinion of the court, the law requires.

16 (c) ENFORCEMENT.—The pendency of proceedings

17 instituted under subsection (a) may not impede, hinder,

18 or delay the Secretary or the Attorney General from tak19 ing action under section 8.

20 SEC. 8. ENFORCEMENT.

21 (a) IN GENERAL.—The Secretary may issue an en22 forcement order to restrain or prevent any person from

23 violating an order or regulation issued under this Act and

24 may assess a civil penalty of not more than $1,000 for

25 each violation of the enforcement order, after an oppor-
23

•HR 2593 IH

1 tunity for an administrative hearing, if the Secretary de2 termines that the administration and enforcement of the

3 order and this Act would be adequately served by such

4 a procedure.

5 (b) JURISDICTION.—The district courts of the United

6 States are vested with jurisdiction specifically to enforce,

7 and to prevent and restrain any person from violating, an

8 order or regulation issued under this Act.

9 (c) REFERRAL TO ATTORNEY GENERAL.—A civil ac10 tion authorized to be brought under this section shall be

11 referred to the Attorney General for appropriate action.

12 SEC. 9. INVESTIGATIONS AND POWER TO SUBPOENA.

13 (a) INVESTIGATIONS.—The Secretary may make such

14 investigations as the Secretary considers necessary—

15 (1) for the effective administration of this Act;

16 and

17 (2) to determine whether any person subject to

18 this Act has engaged, or is about to engage, in an

19 act that constitutes or will constitute a violation of

20 this Act or of an order or regulation issued under

21 this Act.

22 (b) OATHS, AFFIRMATIONS, AND SUBPOENAS.—For

23 the purpose of an investigation under subsection (a), the

24 Secretary may administer oaths and affirmations, sub25 poena witnesses, compel the attendance of witnesses, take
24

•HR 2593 IH

1 evidence, and require the production of any records that

2 are relevant to the inquiry. The attendance of witnesses

3 and the production of records may be required from any

4 place in the United States.

5 (c) AID OF COURTS.—

6 (1) REQUEST.—In the case of contumacy by, or

7 refusal to obey a subpoena issued to, any person, the

8 Secretary may request the aid of any court of the

9 United States within the jurisdiction of which the in10 vestigation or proceeding is carried on, or where the

11 person resides or carries on business, in requiring

12 the attendance and testimony of the person and the

13 production of records.

14 (2) ENFORCEMENT ORDER OF THE COURT.—

15 The court may issue an enforcement order requiring

16 the person to appear before the Secretary to produce

17 records or to give testimony concerning the matter

18 under investigation.

19 (3) CONTEMPT.—A failure to obey an enforce20 ment order of the court under paragraph (2) may be

21 punished by the court as a contempt of the court.

22 (4) PROCESS.—Process in a case under this

23 subsection may be served in the judicial district in

24 which the person resides or conducts business or

25 wherever the person may be found.
25

•HR 2593 IH

1 SEC. 10. RELATION TO OTHER PROGRAMS.

2 Nothing in this Act preempts or supersedes any other

3 program relating to popcorn promotion organized and op4 erated under the laws of the United States or any State.

5 SEC. 11. REGULATIONS.

6 The Secretary may issue such regulations as are nec7 essary to carry out this Act.

8 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated such sums

10 as are necessary to carry out this Act. Amounts made

11 available under this section may not be used to pay any

12 expense of the Board in administering any provision of

13 an order.

Æ

HR 2593 IH——2