H. R. 2854—186
(b) POWER TO SUBPOENA.—
(1) INVESTIGATIONS.—For the purpose of an investigation
made under subsection (a), the Secretary may administer oaths
and affirmations and may 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 purpose of an
administrative hearing held under section 558 or 559, the
presiding officer is authorized to administer oaths and affirma-
tions, subpoena witnesses, compel the attendance of witnesses,
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.—In the case of contumacy by, or refusal
to obey a subpoena to, any person, the Secretary may invoke the
aid of any court of the United States within the jurisdiction of
which the investigation or proceeding is carried on, or where the
person resides or carries on business, 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.—Any failure to obey the order of the court
may be punished by the court as a contempt of the court.
(e) PROCESS.—Process in any such case may be served in the
judicial district in which the person resides or carries on business
or wherever the person may be found.
(f) HEARING SITE.—The site of any hearing held under section
558 or 559 shall be in the judicial district where the person affected
by the hearing resides or has a principal place of business.
SEC. 561. REFERENDA.
(a) INITIAL REFERENDUM.—
(1) REFERENDUM
REQUIRED.—During the 60-day period
immediately preceding the proposed effective date of an order
issued under section 554, the Secretary shall conduct a referen-
dum among kiwifruit producers and importers who will be
subject to assessments under the order, to ascertain whether
producers and importers approve the implementation of the
order.
(2) APPROVAL OF ORDER.—The order shall become effective,
as provided in section 554, if the Secretary determines that—
(A) the order has been approved by a majority of the
producers and importers voting in the referendum; and
(B) the producers and importers favoring approval
produce and import more than 50 percent of the total
volume of kiwifruit produced and imported by persons vot-
ing in the referendum.
(b) SUBSEQUENT REFERENDA.—The Secretary may periodically
conduct a referendum to determine if kiwifruit producers and
importers favor the continuation, termination, or suspension of
any order issued under section 554 that is in effect at the time
of the referendum.
(c) REQUIRED REFERENDA.—The Secretary shall hold a referen-
dum under subsection (b)—
H. R. 2854—187
(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 subsection
(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 import more
than 50 percent of the total volume of kiwifruit produced and
imported by persons voting in the referendum.
(e) CONFIDENTIALITY.—The ballots and other information 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. 562. SUSPENSION OR TERMINATION.
(a) IN GENERAL.—If the Secretary finds that an order issued
under section 554, or a provision of the order, obstructs or does
not tend to effectuate the purposes of this subtitle, the Secretary
shall suspend or terminate the operation of the order or provision.
(b) LIMITATION.—The suspension or termination of any order,
or any provision of an order, shall not be considered an order
under this subtitle.
SEC. 563. REGULATIONS.
The Secretary may issue such regulations as are necessary
to carry out this subtitle.
SEC. 564. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year
such sums as are necessary to carry out this subtitle.
Subtitle E—Popcorn
SEC. 571. SHORT TITLE.
This subtitle may be cited as the ‘‘Popcorn Promotion, Research,
and Consumer Information Act’’.
SEC. 572. FINDINGS AND DECLARATION OF POLICY.
(a) FINDINGS.—Congress finds that—
(1) popcorn is an important food that is a valuable part
of the human diet;
(2) the production and processing of popcorn plays a signifi-
cant role in the economy of the United States in that popcorn
is processed by several popcorn processors, distributed through
wholesale and retail outlets, and consumed by millions of people
throughout the United States and foreign countries;
(3) popcorn must be of high quality, readily available, han-
dled properly, and marketed efficiently to ensure that the bene-
fits of popcorn are available to the people of the United States;
H. R. 2854—188
(4) the maintenance and expansion of existing markets
and uses and the development of new markets and uses for
popcorn are vital to the welfare of processors and persons
concerned with marketing, using, and producing popcorn for
the market, as well as to the agricultural economy of the
United States;
(5) 
the 
cooperative 
development, 
financing, 
and
implementation of a coordinated program of popcorn promotion,
research, consumer information, and industry information is
necessary to maintain and expand markets for popcorn; and
(6) popcorn moves in interstate and foreign commerce, and
popcorn that does not move in those channels of commerce
directly burdens or affects interstate commerce in popcorn.
(b) POLICY.—It is the policy of Congress that it is in the public
interest to authorize the establishment, through the exercise of
the powers provided in this subtitle, of an orderly procedure for
developing, financing (through adequate assessments on unpopped
popcorn processed domestically), and carrying out an effective,
continuous, and coordinated program of promotion, research,
consumer information, and industry information designed to—
(1) strengthen the position of the popcorn industry in the
marketplace; and
(2) maintain and expand domestic and foreign markets
and uses for popcorn.
(c) PURPOSES.—The purposes of this subtitle are to—
(1) maintain and expand the markets for all popcorn prod-
ucts in a manner that—
(A) is not designed to maintain or expand any individ-
ual share of a producer or processor of the market;
(B) does not compete with or replace individual
advertising or promotion efforts designed to promote
individual brand name or trade name popcorn products;
and
(C) authorizes and funds programs that result in
government speech promoting government objectives; and
(2) establish a nationally coordinated program for popcorn
promotion, research, consumer information, and industry
information.
(d) STATUTORY CONSTRUCTION.—This subtitle treats processors
equitably. Nothing in this subtitle—
(1) provides for the imposition of a trade barrier to the
entry into the United States of imported popcorn for the domes-
tic market; or
(2) provides for the control of production or otherwise limits
the right of any individual processor to produce popcorn.
SEC. 573. DEFINITIONS.
In this subtitle (unless the context otherwise requires):
(1) BOARD.—The term ‘‘Board’’ means the Popcorn Board
established under section 575(b).
(2) COMMERCE.—The term ‘‘commerce’’ means interstate,
foreign, or intrastate commerce.
(3) 
CONSUMER
INFORMATION.—The 
term 
‘‘consumer
information’’ means information and programs that will assist
consumers and other persons in making evaluations and deci-
sions regarding the purchase, preparation, and use of popcorn.
H. R. 2854—189
(4) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Agriculture.
(5) INDUSTRY INFORMATION.—The term ‘‘industry informa-
tion’’ means information or a program that will lead to the
development of—
(A) new markets, new marketing strategies, or
increased efficiency for the popcorn industry; or
(B) activities to enhance the image of the popcorn
industry.
(6) MARKETING.—The term ‘‘marketing’’ means the sale
or other disposition of unpopped popcorn for human consump-
tion in a channel of commerce, but does not include a sale
or disposition to or between processors.
(7) ORDER.—The term ‘‘order’’ means an order issued under
section 574.
(8) PERSON.—The term ‘‘person’’ means an individual, group
of individuals, partnership, corporation, association, or coopera-
tive, or any other legal entity.
(9) POPCORN.—The term ‘‘popcorn’’ means unpopped pop-
corn (Zea Mays L) that is—
(A) commercially grown;
(B) processed in the United States by shelling, cleaning,
or drying; and
(C) introduced into a channel of commerce.
(10) PROCESS.—The term ‘‘process’’ means to shell, clean,
dry, and prepare popcorn for the market, but does not include
packaging popcorn for the market without also engaging in
another activity described in this paragraph.
(11) PROCESSOR.—The term ‘‘processor’’ means a person
engaged in the preparation of unpopped popcorn for the market
who owns or shares the ownership and risk of loss of the
popcorn and who processes and distributes over 4,000,000
pounds of popcorn in the market per year.
(12) PROMOTION.—The term ‘‘promotion’’ means an action,
including paid advertising, to enhance the image or desirability
of popcorn.
(13) RESEARCH.—The term ‘‘research’’ means any type of
study to advance the image, desirability, marketability, produc-
tion, product development, quality, or nutritional value of pop-
corn.
(14) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Agriculture.
(15) STATE.—The term ‘‘State’’ means each of the 50 States
and the District of Columbia.
(16) UNITED STATES.—The term ‘‘United States’’ means all
of the States.
SEC. 574. ISSUANCE OF ORDERS.
(a) IN GENERAL.—To effectuate the policy described in section
572(b), the Secretary, subject to subsection (b), shall issue 1 or
more orders applicable to processors. An order shall be applicable
to all popcorn production and marketing areas in the United States.
Not more than 1 order shall be in effect under this subtitle at
any 1 time.
(b) PROCEDURE.—
(1) PROPOSAL OR REQUEST FOR ISSUANCE.—The Secretary
may propose the issuance of an order, or an association of