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volume of kiwifruit produced and imported by
persons voting in the referendum.
(b) SUBSEQUENT REFERENDA.—The Secretary may
periodically conduct a referendum to determine if kiwifruit
producers and importers favor the continuation, termi-
nation, or suspension of any order issued under section 944
that is in effect at the time of the referendum.
(c) REQUIRED REFERENDA.—The Secretary shall hold
a referendum under subsection (b)—
(1) at the end of the 6-year period beginning on
the effective date of the order and at the end of each
subsequent 6-year period;
(2) at the request of the Board; or
(3) if not less than 30 percent of the kiwifruit
producers and importers subject to assessments under
the order submit a petition requesting the referendum.
(d) VOTE.—On completion of a referendum under sub-
section (b), the Secretary shall suspend or terminate the
order that was subject to the referendum at the end of the
marketing year if—
(1) the suspension or termination of the order is
favored by not less than a majority of the producers
and importers voting in the referendum; and
(2) the producers and importers produce and im-
port more than 50 percent of the total volume of
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kiwifruit produced and imported by persons voting in
the referendum.
(e) CONFIDENTIALITY.—The ballots and other informa-
tion or reports that reveal, or tend to reveal, the vote of
any person under this subtitle and the voting list shall be
held strictly confidential and shall not be disclosed.
SEC. 952. SUSPENSION AND TERMINATION OF ORDER BY
SECRETARY.
(a) IN GENERAL.—If the Secretary finds that an order
issued under section 944, or a provision of the order, ob-
structs or does not tend to effectuate the purposes of this
subtitle, the Secretary shall terminate or suspend the oper-
ation of the order or provision.
(b) LIMITATION.—The termination or suspension of
any order, or any provision of an order, shall not be consid-
ered an order under this subtitle.
SEC. 953. REGULATIONS.
The Secretary may issue such regulations as are nec-
essary to carry out this subtitle.
SEC. 954. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such funds as
are necessary to carry out this subtitle for each fiscal year.
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Subtitle D—Commodity Promotion
and Evaluation
SEC. 961. COMMODITY PROMOTION AND EVALUATION.
(a) FINDINGS.—Congress finds that—
(1) it is in the national public interest and vital
to the welfare of the agricultural economy of the Unit-
ed States to expand and develop markets for agricul-
tural commodities through generic, industry-funded
promotion programs;
(2) the programs play a unique role in advanc-
ing the demand for agricultural commodities, since
the programs increase the total market for a product
to the benefit of consumers and all producers;
(3) the programs complement branded advertis-
ing initiatives, which are aimed at increasing the
market share of individual competitors;
(4) the programs are of particular benefit to
small producers, who may lack the resources or mar-
ket power to advertise on their own;
(5) the programs do not impede the branded ad-
vertising efforts of individual firms but instead in-
crease market demand by methods that each individ-
ual entity would not have the incentive to employ;
(6) the programs, paid for by the producers who
directly reap the benefits of the programs, provide a
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unique opportunity for agricultural producers to in-
form consumers about their products;
(7) it is important to ensure that the programs
be carried out in an effective and coordinated manner
that is designed to strengthen the position of the com-
modities in the marketplace and to maintain and ex-
pand the markets and uses of the commodities; and
(8) independent evaluation of the effectiveness of
the programs will assist Congress and the Secretary
of Agriculture in ensuring that the objectives of the
programs are met.
(b) INDEPENDENT EVALUATIONS.—Except as other-
wise provided by law, and at such intervals as the Secretary
of Agriculture may determine, but not more frequently than
every 3 years or 3 years after the establishment of a pro-
gram, the Secretary shall require that each industry-funded
generic promotion program authorized by Federal law for
an agricultural commodity shall provide for an independ-
ent evaluation of the program and the effectiveness of the
program. The evaluation may include an analysis of bene-
fits, costs, and the efficacy of promotional and research ef-
forts under the program. The evaluation shall be funded
from industry assessments and made available to the public.
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(c) ADMINISTRATIVE COSTS.—The Secretary shall pro-
vide to Congress annually information on administrative
expenses on programs referred to in subsection (b).
Attest:
Secretary.
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