H. R. 2854—172
resentative group of producers, as described in subpara-
graph (B).
(B) REPRESENTATIVE GROUP OF PRODUCERS.—An addi-
tional referendum on an order shall be conducted if
requested by 10 percent or more of the producers who,
during a representative period as determined by the Sec-
retary, have been engaged in the production of canola
or rapeseed.
(C) ELIGIBLE PRODUCERS.—Each additional referendum
shall be conducted among all producers who, during a
representative period as determined by the Secretary, have
been engaged in the production of canola or rapeseed to
determine whether the producers favor the termination
or suspension of the order.
(2) DISAPPROVAL OF ORDER.—If the Secretary determines,
in a referendum conducted under paragraph (1), that suspen-
sion or termination of the order is favored by a majority of
the producers voting in the referendum, the Secretary shall
suspend or terminate, as appropriate, collection of assessments
under the order within 180 days after the determination, and
shall suspend or terminate the order, as appropriate, in an
orderly manner as soon as practicable after the determination.
(3) OPPORTUNITY
TO
REQUEST
ADDITIONAL
REFERENDA.—
(A) IN GENERAL.—Beginning on the date that is 5 years
after the conduct of a referendum under this subtitle, and
every 5 years thereafter, the Secretary shall provide canola
and rapeseed producers an opportunity to request an addi-
tional referendum.
(B) METHOD OF MAKING REQUEST.—
(i) IN-PERSON REQUESTS.—To carry out subpara-
graph (A), the Secretary shall establish a procedure
under which a producer may make a request for a
reconfirmation referendum in person at a county
Cooperative State Research, Education, and Extension
Service office or a county Consolidated Farm Service
Agency office during a period established by the Sec-
retary, or as provided in clause (ii).
(ii) MAIL-IN
REQUESTS.—In lieu of making a
request in person, a producer may make a request
by mail. To facilitate the submission of requests by
mail, the Secretary may make mail-in request forms
available to producers.
(C) NOTIFICATIONS.—The Secretary shall publish a
notice in the Federal Register, and the Board shall provide
written notification to producers, not later than 60 days
prior to the end of the period established under subpara-
graph (B)(i) for an in-person request, of the opportunity
of producers to request an additional referendum. The
notification shall explain the right of producers to an addi-
tional referendum, the procedure for a referendum, the
purpose of a referendum, and the date and method by
which producers may act to request an additional referen-
dum under this paragraph. The Secretary shall take such
other action as the Secretary determines is necessary to
ensure that producers are made aware of the opportunity
to request an additional referendum.
H. R. 2854—173
(D) ACTION BY SECRETARY.—As soon as practicable fol-
lowing the submission of a request for an additional ref-
erendum, the Secretary shall determine whether a suffi-
cient number of producers have requested the referendum,
and take such steps as are necessary to conduct the referen-
dum, as required under paragraph (1).
(E) TIME LIMIT.—An additional referendum requested
under the procedures provided in this paragraph shall be
conducted not later than 1 year after the Secretary deter-
mines that a representative group of producers, as
described in paragraph (1)(B), have requested the conduct
of the referendum.
(c) PROCEDURES.—
(1) REIMBURSEMENT OF SECRETARY.—The Secretary shall
be reimbursed from assessments collected by the Board for
any expenses incurred by the Secretary in connection with
the conduct of an activity required under this section.
(2) DATE.—Each referendum shall be conducted for a
reasonable period of time not to exceed 3 days, established
by the Secretary, under a procedure under which producers
intending to vote in the referendum shall certify that the
producers were engaged in the production of canola, rapeseed,
or canola or rapeseed products during the representative period
and, at the same time, shall be provided an opportunity to
vote in the referendum.
(3) PLACE.—Referenda under this section shall be conducted
at locations determined by the Secretary. On request, absentee
mail ballots shall be furnished by the Secretary in a manner
prescribed by the Secretary.
SEC. 538. PETITION AND REVIEW.
(a) PETITION.—
(1) IN GENERAL.—A person subject to an order issued under
this subtitle may file with the Secretary a petition—
(A) stating that the order, a provision of the order,
or an obligation imposed in connection with the order is
not established in accordance with law; and
(B) requesting a modification of the order or an exemp-
tion from the order.
(2) HEARINGS.—The petitioner shall be given the oppor-
tunity for a hearing on a petition filed under paragraph (1),
in accordance with regulations issued by the Secretary.
(3) RULING.—After a hearing under paragraph (2), the Sec-
retary shall issue a ruling on the petition that is the subject
of the hearing, which shall be final if the ruling is in accordance
with applicable law.
(4) LIMITATION ON PETITION.—Any petition filed under this
subtitle challenging an order, or any obligation imposed in
connection with an order, shall be filed not later than 2 years
after the effective date of the order or imposition of the obliga-
tion.
(b) REVIEW.—
(1) COMMENCEMENT OF ACTION.—The district court of the
United States for any district in which the person who is
a petitioner under subsection (a) resides or carries on business
shall have jurisdiction to review a ruling on the petition, if
a complaint is filed by the person not later than 20 days
H. R. 2854—174
after the date of the entry of a ruling by the Secretary under
subsection (a)(3).
(2) PROCESS.—Service of process in a proceeding under
paragraph (1) shall be conducted in accordance with the Federal
Rules of Civil Procedure.
(3) REMANDS.—If the court determines, under paragraph
(1), that a ruling issued under subsection (a)(3) is not in accord-
ance with applicable law, the court shall remand the matter
to the Secretary with directions either—
(A) to make such ruling as the court shall determine
to be in accordance with law; or
(B) to take such further proceedings as, in the opinion
of the court, the law requires.
(4) ENFORCEMENT.—The pendency of proceedings instituted
under subsection (a) shall not impede, hinder, or delay the
Attorney General or the Secretary from taking any action under
section 539.
SEC. 539. ENFORCEMENT.
(a) JURISDICTION.—The district courts of the United States
are vested with jurisdiction specifically to enforce, and to prevent
and restrain any person from violating, an order or regulation
made or issued under this subtitle.
(b) REFERRAL TO ATTORNEY GENERAL.—A civil action authorized
to be commenced under this section shall be referred to the Attorney
General for appropriate action, except that the Secretary shall
not be required to refer to the Attorney General a violation of
this subtitle if the Secretary believes that the administration and
enforcement of this subtitle would be adequately served by providing
a suitable written notice or warning to the person committing
the violation or by administrative action under subsection (c).
(c) CIVIL PENALTIES AND ORDERS.—
(1) CIVIL PENALTIES.—
(A) IN GENERAL.—Any person who willfully violates
any provision of an order or regulation issued by the Sec-
retary 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 required by an order or
regulation, an additional penalty equal to the amount
of the assessment.
(B) 
SEPARATE
OFFENSE.—Each 
violation 
under
subparagraph (A) shall be a separate offense.
(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 Secretary under this
subsection unless the person against whom the penalty is
assessed or the cease-and-desist order is issued is given notice
and opportunity for a hearing before the Secretary with respect
to the violation.
H. R. 2854—175
(4) FINALITY.—The order of the Secretary assessing a pen-
alty or imposing a cease-and-desist order under this subsection
shall be final and conclusive unless the affected person files
an appeal of the order in 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 assessed or a cease-and-desist order
issued under subsection (c), may obtain review of the penalty
or cease-and-desist order by—
(A) filing, within the 30-day period beginning on the
date the penalty is assessed or cease-and-desist order
issued, a notice of appeal in—
(i) the district court of the United States for the
district in which the person resides or carries on busi-
ness; or
(ii) 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) 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 determined that the person
committed the violation.
(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 CEASE-AND-DESIST ORDERS.—Any person
who fails to obey a cease-and-desist order issued under this section
after the cease-and-desist order has become final and unappealable,
or after the appropriate United States district court has entered
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 cease-and-desist 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 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
of the United States for any district in which the person resides
or carries on business. In an action for recovery, the validity and
appropriateness of the final order imposing the civil penalty shall
not be subject to review.
(g) ADDITIONAL REMEDIES.—The remedies provided in this sub-
title shall be in addition to, and not exclusive of, other remedies
that may be available.
SEC. 540. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) INVESTIGATIONS.—The Secretary may make such investiga-
tions as the Secretary considers necessary—
(1) for the effective administration of this subtitle; and