SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Kiwifruit Research, Promotion, and Consumer
Information Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Issuance of Kiwifruit Research, Promotion, and Consumer Information
Order.
Sec. 5. National Kiwifruit Board.
Sec. 6. Required terms in order.
Sec. 7. Permissive terms in order.
Sec. 8. Incorporation of petition and review, enforcement, and investigation pro-
visions by reference.
Sec. 9. Referenda.
Sec. 10. Suspension and termination of order by Secretary.
Sec. 11. Authorization of appropriations.
Sec. 12. Regulations.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) domestically produced kiwifruit are grown
by many individual producers;
(2) virtually all domestically produced kiwifruit
are grown in the State of California, although there
is potential for production in many other areas of
the United States;
(3) kiwifruit move in interstate and foreign
commerce, and kiwifruit that do not move in such
channels of commerce directly burden or affect inter-
state commerce;
(4) in recent years, large quantities of kiwifruit
have been imported into the United States;
(5) the maintenance and expansion of existing
domestic and foreign markets for kiwifruit, and the
development of additional and improved markets for
kiwifruit, are vital to the welfare of kiwifruit produc-
ers and other persons concerned with producing,
marketing, and processing kiwifruit;
(6) a coordinated program of research, pro-
motion, 
and 
consumer 
information 
regarding
kiwifruit is necessary for the maintenance and devel-
opment of such markets; and
(7) kiwifruit producers, handlers, and importers
are unable to implement and finance such a program
without cooperative action.
(b) PURPOSES.—The purposes of this Act are—
(1) to authorize the establishment of an orderly
procedure for the development and financing
(through an assessment) of an effective and coordi-
nated 
program 
of 
research, 
promotion, 
and
consumer information regarding kiwifruit;
(2) to use such program to strengthen the posi-
tion of the kiwifruit industry in domestic and foreign
markets and maintain, develop, and expand markets
for kiwifruit; and
(3) to treat domestically produced kiwifruit and
imported kiwifruit equitably.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) BOARD.—The term ‘‘Board’’ means the Na-
tional Kiwifruit Board, as provided for under section
5.
(2) 
CONSUMER
INFORMATION.—The 
term
‘‘consumer information’’ means any action taken to
provide information to, and broaden the understand-
ing of, the general public regarding the consumption,
use, nutritional attributes, and care of kiwifruit.
(3) EXPORTER.—The term ‘‘exporter’’ means
any person from outside the United States who ex-
ports kiwifruit into the United States.
(4) HANDLER.—The term ‘‘handler’’ means
any person, excluding a common carrier, engaged in
the business of buying and selling, packing, market-
ing, or distributing kiwifruit as specified in the
order.
(5) IMPORTER.—The term ‘‘importer’’ means
any person who imports kiwifruit into the United
States.
(6) KIWIFRUIT.—The term ‘‘kiwifruit’’ means
all varieties of fresh kiwifruit grown or imported in
the United States.
(7) 
MARKETING.—The 
term 
‘‘marketing’’
means the sale or other disposition of kiwifruit into
interstate, foreign, or intrastate commerce by buy-
ing, marketing, distribution or otherwise placing
kiwifruit into commerce.
(8) ORDER.—The term ‘‘order’’ means a
kiwifruit research, promotion, and consumer infor-
mation order issued by the Secretary under section
4.
(9) PERSON.—The term ‘‘person’’ means any
individual, group of individuals, partnership, cor-
poration, association, cooperative, or other legal en-
tity.
(10) PROCESSING.—The term ‘‘processing’’
means canning, fermenting, distilling, extracting,
preserving, grinding, crushing, or in any manner
changing the form of kiwifruit for the purposes of
preparing it for market or marketing the kiwifruit.
(11) PRODUCER.—The term ‘‘producer’’ means
any person who grows kiwifruit in the United States
for sale in commerce.
(12) 
PROMOTION.—The 
term 
‘‘promotion’’
means any action taken under this Act (including
paid advertising) to present a favorable image for
kiwifruit to the general public for the purpose of im-
proving the competitive position of kiwifruit and
stimulating the sale of kiwifruit.
(13) RESEARCH.—The term ‘‘research’’ means
any type of research relating to the use, nutritional
value, and marketing of kiwifruit conducted for the
purpose of advancing the image, desirability, mar-
ketability, or quality of kiwifruit.
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Agriculture.
(15) UNITED
STATES.—The term ‘‘United
States’’ means the 50 States of the United States,
the District of Columbia, and the Commonwealth of
Puerto Rico. (7 U.S.C. 6202.)
SEC. 4. ISSUANCE OF KIWIFRUIT RESEARCH, PROMOTION,
AND CONSUMER INFORMATION ORDER.
(a) ISSUANCE.—To effectuate the declared purposes
of this Act, the Secretary shall issue an order applicable
to producers, handlers, and importers of kiwifruit. Any
such order shall be national in scope. Not more than one
order shall be in effect under this Act at any one time.
(b) PROCEDURE.—
(1) PROPOSAL FOR ISSUANCE OF ORDER.—Any
person that will be affected by this Act may request
the issuance of, and submit a proposal for, an order
under this Act.
(2) PROPOSED ORDER.—Not later than 90 days
after the receipt of a request and proposal for an
order, the Secretary shall publish a proposed order
and give due notice and opportunity for public com-
ment on the proposed order.
(3) ISSUANCE OF ORDER.—After notice and op-
portunity for public comment are given, as provided
in paragraph (2), the Secretary shall issue an order,
taking into consideration the comments received and
including in the order provisions necessary to ensure
that the order is in conformity with the require-
ments of this Act.
(c) AMENDMENTS.—The Secretary may amend any
order issued under this section. The provisions of this Act
applicable to orders shall be applicable to amendments to
orders.
SEC. 5. NATIONAL KIWIFRUIT BOARD.
(a) MEMBERSHIP.—An order issued by the Secretary
under section 4 shall provide for the establishment of a
National Kiwifruit Board, to consist of 11 members as
follows: