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(c) CIVIL PENALTIES AND ORDERS.—
(1) CIVIL PENALTIES.—
(A) IN GENERAL.—Any person who will-
fully violates any provision of an order or regu-
lation issued by the Secretary under this subtitle,
or who fails or refuses to pay, collect, or remit
an assessment or fee required of the person under
an order or regulation, may be assessed—
(i) a civil penalty by the Secretary of
not more than $1,000 for each violation;
and
(ii) in the case of a willful failure to
pay, collect, or remit an assessment as re-
quired by an order or regulation, an addi-
tional penalty equal to the amount of the
assessment.
(B) SEPARATE
OFFENSE.—Each violation
under subparagraph (A) shall be a separate of-
fense.
(2) 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.
(3) NOTICE AND HEARING.—No penalty shall be
assessed, or cease-and-desist order issued, by the Sec-
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retary under this subsection unless the person against
whom the penalty is assessed or the order is issued is
given notice and opportunity for a hearing before the
Secretary with respect to the violation.
(4) FINALITY.—The order of the Secretary assess-
ing a penalty or imposing a cease-and-desist order
under this subsection shall be final and conclusive un-
less the affected person files an appeal of the order
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
who has been determined to be in violation of this
subtitle, or against whom a civil penalty has been as-
sessed or a 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—
(i) the district court of the United
States for the district in which the person
resides or conducts business; or
(ii) the United States District Court
for the District of Columbia; and
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(B) simultaneously sending a copy of the
notice by certified mail to the Secretary.
(2) RECORD.—The Secretary shall file promptly,
in the appropriate court referred to in paragraph (1),
a certified copy of the record on which the Secretary
has determined that the person has committed a vio-
lation.
(3) STANDARD OF REVIEW.—A finding of the
Secretary under this section 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 issued under this sec-
tion after the order has become final and unappealable, or
after the appropriate United States district court has en-
tered a final judgment in favor of the Secretary, shall be
subject to a civil penalty assessed by the Secretary, after
opportunity for a hearing and for judicial review under the
procedures specified in subsections (c) and (d), of not more
than $5,000 for each offense. Each day during which the
failure continues shall be considered as a separate violation
of the order.
(f) FAILURE TO PAY PENALTIES.—If a person fails
to pay an assessment of a civil penalty under this section
after the assessment has become a final and unappealable
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order, or after the appropriate United States district court
has entered final judgment in favor of the Secretary, the
Secretary shall refer the matter to the Attorney General for
recovery of the amount assessed in the district court in
which the person resides or conducts business. In an action
for recovery, the validity and appropriateness of the final
order imposing the civil penalty shall not be subject to re-
view.
(g) ADDITIONAL REMEDIES.—The remedies provided
in this subtitle shall be in addition to, and not exclusive
of, other remedies that may be available.
SEC. 930. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) INVESTIGATIONS.—The Secretary may make such
investigations as the Secretary considers necessary—
(1) for the effective administration of this sub-
title; and
(2) to determine whether any person has engaged
or is engaging in an act that constitutes a violation
of this subtitle, or an order, rule, or regulation issued
under this subtitle.
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.—
(1) IN GENERAL.—For the purpose of an inves-
tigation under subsection (a), the Secretary may ad-
minister oaths and affirmations, subpoena witnesses,
take evidence, and issue subpoenas to require the pro-
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duction of any records that are relevant to the in-
quiry. The attendance of witnesses and the production
of 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
928 or 929, the presiding officer is authorized to ad-
minister oaths and affirmations, subpoena and com-
pel the attendance of witnesses, take evidence, and re-
quire the production of any records that are relevant
to the inquiry. The attendance of witnesses and the
production of records may be required from any place
in the United States.
(c) AID OF COURTS.—In the case of contumacy by, or
refusal to obey a subpoena issued to, any person, the Sec-
retary may invoke the aid of any court of the United States
within the jurisdiction of which the investigation or pro-
ceeding is carried on, or where the person resides or carries
on business, in order to enforce a subpoena issued by the
Secretary under subsection (b). The court may issue an
order requiring the person to comply with the subpoena.
(d) CONTEMPT.—A failure to obey an order of the
court under this section may be punished by the court as
contempt of the court.
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(e) PROCESS.—Process may be served on a person in
the judicial district in which the person resides or conducts
business or wherever the person may be found.
(f) HEARING SITE.—The site of a hearing held under
section 928 or 729 shall be in the judicial district where
the person affected by the hearing resides or has a principal
place of business.
SEC. 931. SUSPENSION OR TERMINATION OF AN ORDER.
The Secretary shall, whenever the Secretary finds that
an order or a provision of an order obstructs or does not
tend to effectuate the declared policy of this subtitle, termi-
nate or suspend the operation of the order or provision. The
termination or suspension of an order shall not be consid-
ered an order within the meaning of this subtitle.
SEC. 932. REGULATIONS.
The Secretary may issue such regulations as are nec-
essary to carry out this subtitle.
SEC. 933. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for each fiscal year such sums as are necessary to
carry out this subtitle.
(b) 
ADMINISTRATIVE
EXPENSES.—Funds 
appro-
priated under subsection (a) shall not be available for pay-
ment of the expenses or expenditures of the Board in admin-
istering a provision of an order issued under this subtitle.
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Subtitle C—Kiwifruit
SEC. 941. SHORT TITLE.
This subtitle may be cited as the ‘‘National Kiwifruit
Research, Promotion, and Consumer Information Act’’.
SEC. 942. 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 com-
merce, and kiwifruit that do not move in channels of
commerce directly burden or affect interstate com-
merce;
(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, mar-
keting, and processing kiwifruit;
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(6) a coordinated program of research, pro-
motion, 
and 
consumer 
information 
regarding
kiwifruit is necessary for the maintenance and devel-
opment of the 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 subtitle are—
(1) to authorize the establishment of an orderly
procedure for the development and financing (through
an assessment) of an effective and coordinated pro-
gram of research, promotion, and consumer informa-
tion regarding kiwifruit;
(2) to use the program to strengthen the position
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. 943. DEFINITIONS.
In this subtitle (unless the context otherwise requires):
(1) BOARD.—The term ‘‘Board’’ means the Na-
tional Kiwifruit Board established under section 945.
(2) 
CONSUMER
INFORMATION.—The 
term
‘‘consumer information’’ means any action taken to
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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, marketing, 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 inter-
state, foreign, or intrastate commerce by buying, mar-
keting, distribution, or otherwise placing kiwifruit
into commerce.
(8) 
ORDER.—The 
term 
‘‘order’’ 
means 
a
kiwifruit research, promotion, and consumer informa-
tion order issued by the Secretary under section 944.
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(9) PERSON.—The term ‘‘person’’ means any in-
dividual, group of individuals, partnership, corpora-
tion, association, cooperative, or other legal entity.
(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 pre-
paring the kiwifruit 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 subtitle (including paid
advertising) to present a favorable image for kiwifruit
to the general public for the purpose of improving 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, market-
ability, or quality of kiwifruit.
(14) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
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(15) 
UNITED
STATES.—The 
term 
‘‘United
States’’ means the 50 States of the United States, the
District of Columbia, and the Commonwealth of Puer-
to Rico.
SEC. 944. ISSUANCE OF ORDERS.
(a) ISSUANCE.—To effectuate the declared purposes of
this subtitle, 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 1 order
shall be in effect under this subtitle at any 1 time.
(b) PROCEDURE.—
(1) PROPOSAL FOR ISSUANCE OF ORDER.—Any
person that will be affected by this subtitle may re-
quest the issuance of, and submit a proposal for, an
order under this subtitle.
(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 provided under
paragraph (2), the Secretary shall issue an order, tak-
ing into consideration the comments received and in-
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cluding in the order provisions necessary to ensure
that the order is in conformity with this subtitle.
(c) AMENDMENTS.—The Secretary may amend any
order issued under this section. The provisions of this sub-
title applicable to an order shall be applicable to an amend-
ment to an order.
SEC. 945. NATIONAL KIWIFRUIT BOARD.
(a) MEMBERSHIP.—An order issued by the Secretary
under section 944 shall provide for the establishment of a
National Kiwifruit Board that consists of the following 11
members:
(1) 6 members who are producers (or representa-
tives of producers) and who are not exempt from an
assessment under section 946(b).
(2) 4 members who are importers (or representa-
tives of importers) and who are not exempt from an
assessment under section 946(b) or are exporters (or
representatives of exporters).
(3) 1 member appointed from the general public.
(b) ADJUSTMENT OF MEMBERSHIP.—Subject to the
11-member limit, the Secretary may adjust membership on
the Board to accommodate changes in production and im-
port levels of kiwifruit.
(c) APPOINTMENT AND NOMINATION.—
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(1) APPOINTMENT.—The Secretary shall appoint
the members of the Board from nominations submit-
ted in accordance with this subsection.
(2) PRODUCERS.—The members referred to in
subsection (a)(1) shall be appointed from individuals
nominated by producers.
(3) IMPORTERS AND EXPORTERS.—The members
referred to in subsection (a)(2) shall be appointed
from individuals nominated by importers or export-
ers.
(4) PUBLIC REPRESENTATIVE.—The public rep-
resentative shall be appointed from nominations sub-
mitted by other members of the Board.
(5) FAILURE TO NOMINATE.—If producers, im-
porters, and exporters fail to nominate individuals
for appointment, the Secretary may appoint members
on a basis provided for in the order. If the Board fails
to nominate a public representative, the member may
be appointed by the Secretary without a nomination.
(d) ALTERNATES.—The Secretary shall appoint an al-
ternate for each member of the Board. An alternate shall—
(1) be appointed in the same manner as the
member for whom the individual is an alternate; and
(2) serve on the Board if the member is absent
from a meeting or is disqualified under subsection (f).
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(e) TERMS.—A member of the Board shall be ap-
pointed for a term of 3 years. No member may serve more
than 2 consecutive 3-year terms, except that of the members
first appointed—
(1) 5 members shall be appointed for a term of
2 years; and
(2) 6 members shall be appointed for a term of
3 years.
(f) DISQUALIFICATION.—If a member or alternate of
the Board who was appointed as a producer, importer, ex-
porter, or public representative member ceases to belong to
the group for which the member was appointed, the member
or alternate shall be disqualified from serving on the Board.
(g) COMPENSATION.—A members or alternate of the
Board shall serve without pay.
(h) GENERAL POWERS
AND DUTIES.—The Board
shall—
(1) administer an order issued by the Secretary
under section 944, and an amendment to the order,
in accordance with the order and amendment and
this subtitle;
(2) prescribe rules and regulations to carry out
the order;
(3) meet, organize, and select from among mem-
bers of the Board a chairperson, other officers, and
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committees and subcommittees, as the Board deter-
mines appropriate;
(4) receive, investigate, and report to the Sec-
retary accounts of violations of the order;
(5) make recommendations to the Secretary with
respect to an amendment that should be made to the
order; and
(6) employ or contract with a manager and staff
to assist in administering the order, except that, to
reduce administrative costs and increase efficiency,
the Board shall seek, to the extent practicable, to em-
ploy or contract with personnel who are already asso-
ciated with State chartered organizations involved in
promoting kiwifruit.
SEC. 946. REQUIRED TERMS IN ORDER.
(a) BUDGETS AND PLANS.—
(1) IN GENERAL.—An order issued under section
944 shall provide for periodic budgets and plans in
accordance with this subsection.
(2) BUDGETS.—The Board shall prepare and
submit to the Secretary a budget prior to the begin-
ning of the fiscal year of the anticipated expenses and
disbursements of the Board in the administration of
the order, including probable costs of research, pro-
motion, and consumer information. A budget shall be-
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come effective on a 2⁄3-vote of a quorum of the Board
and approval by the Secretary.
(3) PLANS.—Each budget shall include a plan
for research, promotion, and consumer information
regarding kiwifruit. A plan under this paragraph
shall become effective on approval by the Secretary.
The Board may enter into contracts and agreements,
on approval by the Secretary, for—
(A) the development of and carrying out the
plan; and
(B) the payment of the cost of the plan,
with funds collected pursuant to this subtitle.
(b) ASSESSMENTS.—
(1) IN GENERAL.—The order shall provide for
the imposition and collection of assessments with re-
gard to the production and importation of kiwifruit
in accordance with this subsection.
(2) RATE.—The assessment rate shall be the
reate that is recommended by a 2⁄3-vote of a quorum
of the Board and approved by the Secretary, except
that the rate shall not exceed $0.10 per 7-pound tray
of kiwifruit or equivalent.
(3) COLLECTION BY FIRST HANDLERS.—Except
as provided in paragraph (5), the first handler of
kiwifruit shall—
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(A) be responsible for the collection from the
producer, and payment to the Board, of assess-
ments required under this subsection; and
(B) maintain a separate record of the
kiwifruit of each producer whose kiwifruit are so
handled, including the kiwifruit owned by the
handler.
(4) IMPORTERS.—The assessment on imported
kiwifruit shall be paid by the importer to the United
States Customs Service at the time of entry into the
United States and shall be remitted to the Board.
(5) EXEMPTION FROM ASSESSMENT.—The follow-
ing persons or activities are exempt from an assess-
ment under this subsection:
(A) A producer who produces less than 500
pounds of kiwifruit per year.
(B) An importer who imports less than
10,000 pounds of kiwifruit per year.
(C) A sale of kiwifruit made directly from
the producer to a consumer for a purpose other
than resale.
(D) The production or importation of
kiwifruit for processing.
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(b) REVIEW.—
(1) COMMENCEMENT
OF
ACTION.—The district
court of the United States in any district in which
the person who is a petitioner under subsection (a) re-
sides or carries on business is vested with jurisdiction
to review the ruling on the petition of the person, if
a complaint for that purpose is filed not later than
20 days after the date of the entry of a ruling by the
Secretary under subsection (a).
(2) PROCESS.—Service of process in the proceed-
ings shall be conducted in accordance with the Fed-
eral Rules of Civil Procedure.
(3) REMANDS.—If the court determines that the
ruling is not in accordance with law, the court shall
remand the matter to the Secretary with directions—
(A) to make such ruling as the court shall
determine to be in accordance with law; or
(B) to take such further action as, in the
opinion of the court, the law requires.
(4) ENFORCEMENT.—The pendency of a proceed-
ing instituted pursuant to subsection (a) shall not im-
pede, hinder, or delay the Attorney General or the
Secretary from obtaining relief pursuant to section
949.