lation, an additional penalty equal to the
amount of the assessment.
(2) TREATMENT
AS
SEPARATE
OFFENSES.—
Each violation described in paragraph (1) shall be
treated as a separate offense.
(3) CEASE AND DESIST ORDERS.—In addition
to or in lieu of a civil penalty under paragraph (1),
the Secretary may issue an order requiring a person
to cease and desist from continuing a violation of
this title or an order or regulation issued under this
title.
(4) 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 penalty is as-
sessed or the order is issued notice and opportunity
for a hearing before the Secretary with respect to
the violation. The hearing shall be conducted in ac-
cordance with section 311(b)(2) and be held within
the United States judicial district in which the per-
son’s residence or principal place of business is lo-
cated.
(5) FINALITY.—The penalty assessed or cease
and desist order issued under this subsection shall
be final and conclusive unless the person against
whom the penalty is assessed or the order is issued
files an appeal with the appropriate district court of
the United States in accordance with subsection (d).
(d) REVIEW BY DISTRICT COURT.—
(1) COMMENCEMENT OF ACTION.—Any person
against whom a violation is found and a civil penalty
assessed or cease and desist order issued under sub-
section (c) may obtain review of the penalty or order
by—
(A) filing, within the 30-day period begin-
ning on the date the penalty is assessed or
order issued, a notice of appeal in the district
court of the United States for the district in
which the person resides or carries on business,
or in the United States district court for the
District of Columbia; and
(B) simultaneously sending a copy of the
notice by certified mail to the Secretary.
(2) FILING OF RECORD.—Upon the filing of a
notice of appeal under paragraph (1), the Secretary
shall promptly file in the district court in which the
notice of appeal is filed 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 under this subsection
only if the finding is found to be unsupported by
substantial evidence.
(e) FAILURE TO OBEY AN ORDER.—A person that
fails to obey a cease and desist order issued under sub-
section (c) after the order has become final and
unappealable, or after the appropriate United States dis-
trict court has entered a final judgment in favor of the
Secretary, shall be subject to a civil penalty assessed by
the Secretary of not more than $5,000 for each offense,
after opportunity for a hearing and for judicial review
under the procedures specified in subsections (c) and (d).
Each day during which the failure continues shall be con-
sidered as a separate violation of the order.
(f) FAILURE TO PAY A PENALTY.—If a person fails
to pay a civil penalty assessed under subsection (c) or (e)
after the penalty has become final and unappealable, or
after the appropriate United States district court has en-
tered final judgment in favor of the Secretary, the Sec-
retary shall refer the matter to the Attorney General for
recovery of the amount assessed in any United States dis-
trict court in which the person resides or carries on busi-
ness. In such action, the validity and appropriateness of
the civil penalty shall not be subject to review.
(g) ADDITIONAL REMEDIES.—The remedies provided
in this title shall be in addition to, and not exclusive of,
other remedies that may be available.
SEC. 311. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) INVESTIGATIONS.—The Secretary may make such
investigations as the Secretary considers necessary for the
effective administration of this title, or to determine
whether any person has engaged or is engaging in any
act that constitutes a violation of this title, or any order
or regulation issued under this title.
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.—
(1) INVESTIGATIONS.—For the purpose of an
investigation under subsection (a), the Secretary
may administer oaths and affirmations, and issue
subpoenas 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 pur-
pose of an administrative hearing held under section
309(a)(2) or 310(c)(4), the presiding officer may ad-
minister oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence, and require
the production of any records that are relevant to
the inquiry. The attendance of witnesses and the
production of any such records may be required
from any place in the United States.
(c) AID OF COURTS.—
(1) IN GENERAL.—In the case of contumacy by,
or refusal to obey a subpoena issued to, any person,
the Secretary may invoke the aid of any court of the
United States within the jurisdiction of which the in-
vestigation or proceeding is carried on, or where the
person resides or carries on business, in order to en-
force a subpoena issued under subsection (b). The
court may issue an order requiring the person to
comply with such a subpoena. Any failure to obey
the order of the court may be punished by the court
as a contempt thereof.
(2) PROCESS.—Process in any proceeding
under this subsection may be served in the United
States judicial district in which the person being
proceeded against resides or carries on business or
wherever the person may be found.
SEC. 312. CONFIDENTIALITY.
(a) PROHIBITION.—No information on how a person
voted in a referendum conducted under this title shall be
made public.
(b) PENALTY.—Any person knowingly violating sub-
section (a) or the confidentiality terms of an order, as de-
scribed in section 307(d), on conviction shall be subject
to a fine of not less than $1,000 nor more than $10,000
or to imprisonment for not more than one year, or both,
and, if an officer or employee of the Department of Agri-
culture or the PromoFlor Council, shall be removed from
office.
(c) ADDITIONAL PROHIBITION.—No information ob-
tained under this title may be made available to any agen-
cy or officer of the Federal Government for any purpose
other than the implementation of this title and any inves-
tigatory or enforcement actions necessary for the imple-
mentation of this title.
(d) WITHHOLDING INFORMATION FROM CONGRESS
PROHIBITED.—Nothing in this title authorizes the with-
holding of information from Congress.
SEC. 313. AUTHORITY FOR SECRETARY TO SUSPEND OR
TERMINATE ORDER.
Whenever the Secretary finds that an order issued
under this title, or any provision of the order, obstructs
or does not tend to effectuate the declared policy of this
title, the Secretary shall terminate or suspend the oper-
ation of the order or provision under such terms as the
Secretary determines appropriate.
SEC. 314. CONSTRUCTION.
(a) 
TERMINATION
OR
SUSPENSION
NOT
AN
ORDER.—The termination or suspension of an order, or
any provision thereof, shall not be considered an order
under the meaning of this title.
(b) PRODUCER RIGHTS.—Nothing in this title may
be construed to provide for control of production or other-
wise limit the right of individual cut flowers and cut
greens producers to produce cut flowers and cut greens.
This title seeks to treat all persons producing cut flowers
and cut greens fairly and to implement any order estab-
lished hereunder equitably in every respect.
(c) OTHER PROGRAMS.—Nothing in this title may be
construed to preempt or supersede any other program re-
lating to cut flowers or cut greens promotion and
consumer information organized and operated under the
laws of the United States or any State.
SEC. 315. REGULATIONS.
The Secretary may issue such regulations as are nec-
essary to carry out this title and the powers vested in the
Secretary by this title, including regulations relating to the
assessment of late payment charges and interest.
SEC. 316. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for each fiscal year such sums as may be necessary
to carry out this title.
(b) ADMINISTRATIVE
EXPENSES.—Funds appro-
priated under subsection (a) may not be used for payment
of the expenses or expenditures of the PromoFlor Council
in administering any provision of an order issued under
this title.
SEC. 317. SEPARABILITY.
If any provision of this title or the application thereof
to any person or circumstances is held invalid, the validity
of the remainder of the title and of the application of such
provision to other persons and circumstances shall not be
affected thereby.
TITLE 
IV—LIME 
RESEARCH,
PROMOTION, AND CONSUMER
INFORMATION
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Lime Research, Pro-
motion, and Consumer Information Improvement Act’’.
SEC. 402. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) The Lime Research, Promotion, and
Consumer Information Act of 1990 (7 U.S.C. 6201
et seq.) was enacted on November 28, 1990, for the
purpose of establishing an orderly procedure for the
development and financing of an effective and co-
ordinated program of research, promotion, and
consumer information to strengthen the domestic
and foreign markets for limes.
(2) 
The 
lime 
research, 
promotion, 
and
consumer information order required by such Act be-
came effective on January 27, 1992.
(3) Although the intent of such Act was to
cover seedless limes, the definition of the term
‘‘lime’’ in section 1953(6) of such Act (7 U.S.C.
6202(6)) applies to seeded limes. Therefore, the Act
and the order need to be revised before a research,
promotion, and consumer information program on
seedless limes can go into effect.
(4) Since the enactment of such Act, the United
States production of fresh market limes has plum-
meted and the volume of imports has risen dramati-
cally. The drop in United States production is pri-
marily due to damage to lime orchards in the State
of Florida by Hurricane Andrew in August 1992.
United States production is not expected to reach
pre-Hurricane Andrew levels for possibly two to
three years because a majority of the limes produced
in the United States are produced in Florida.
(b) PURPOSES.—The purpose of this Act is to amend
the Lime Research, Promotion, and Consumer Informa-
tion Act of 1990 (7 U.S.C. 6201 et seq.)—
(1) to cover seedless rather than seeded limes;
(2) to increase the exemption level;
(3) to delay the initial referendum date; and
(4) to alter the composition of the Lime Board.
SEC. 403. DEFINITION OF LIME.
Section 1953(6) of the Lime Research, Promotion,
and Consumer Information Act of 1990 (7 U.S.C.
6202(6)) is amended by striking ‘‘citrus aurantifolia’’ and
inserting ‘‘citrus latifolia’’.
SEC. 404. REQUIRED TERMS IN ORDERS.
(a) COMPOSITION OF LIME BOARD.—Subsection (b)
of section 1955 of the Lime Research, Promotion, and
Consumer Information Act of 1990 (7 U.S.C. 6204) is
amended—
(1) in paragraph (1)(A), by striking ‘‘7’’ and
inserting ‘‘3’’;
(2) in paragraph (2)(B), by striking ‘‘7’’ and
inserting ‘‘3’’; and
(3) in paragraph (2)(F), by adding at the end
the following new sentence: ‘‘The Secretary shall ter-
minate the initial Board established under this sub-
section as soon as practicable after the date of the
enactment of the Lime Research, Promotion, and
Consumer Information Improvement Act.’’.
(b) ALLOCATION OF MEMBERS.—Subsection (b)(2)
of such section is amended—
(1) in subparagraph (B) (as amended by sub-
section (a)(2)), by adding at the end the following
new sentence: ‘‘Of these producer members, 2 mem-
bers shall be appointed from the district east of the
Mississippi River and 1 member shall be appointed
from the district west of the Mississippi River.’’; and
(2) in subparagraph (C), by adding at the end
the following new sentence: ‘‘Of these importer
members, 1 member shall be appointed from the dis-
trict east of the Mississippi River and 2 members
shall be appointed from the district west of the Mis-
sissippi River.’’.
(c) TERMS OF MEMBERS.—Subsection (b)(4) of such
section is amended—
(1) by striking ‘‘Members of’’ and all that fol-
lows through ‘‘appointed—’’ and inserting ‘‘The ini-
tial members of the Board appointed under the
amended order shall serve a term of 30 months.
Subsequent appointments to the Board shall be for
a term of 3 years, except that—’’;
(2) in subparagraph (A), by striking ‘‘3’’ and
inserting ‘‘2’’;