as a result of a referendum conducted under subsection (c),
the Secretary determines that suspension or termination of
the order is favored by a simple majority of all votes cast
in the referendum, the Secretary shall—
(1) within six months after the referendum, sus-
pend or terminate, as appropriate, collection of as-
sessments under the order; and
(2) suspend or terminate, as appropriate, activi-
ties under the order in an orderly manner as soon as
practicable.
(e) 
MANNER
OF
CONDUCTING
REFERENDA.—
Referenda under this section shall be conducted in such
manner as is determined appropriate by the Secretary.
SEC. 309. PETITION AND REVIEW.
(a) PETITION AND HEARING.—
(1) PETITION.—A person subject to an order is-
sued under this title may file with the Secretary a pe-
tition—
(A) stating that the order, any provision of
the order, or any obligation imposed in connec-
tion with the order is not in accordance with
law; and
(B) requesting a modification of the order
or an exemption from the order.
(2) HEARING.—The petitioner shall be given the
opportunity for a hearing on a petition filed under
paragraph (1), in accordance with regulations issued
by the Secretary. Any such hearing shall be conducted
in accordance with section 311(b)(2) and be held
within the United States judicial district in which
the person’s residence or principal place of business is
located.
(3) RULING.—After a hearing under paragraph
(2), the Secretary shall make a ruling on the petition,
which shall be final if in accordance with law.
(b) REVIEW.—
(1) COMMENCEMENT
OF
ACTION.—The district
courts of the United States in any district in which
a person that is a petitioner under subsection (a) re-
sides or carries on business are hereby vested with ju-
risdiction to review the Secretary’s ruling on the per-
son’s petition, if a complaint for that purpose is filed
within 20 days after the date of the entry of the rul-
ing by the Secretary.
(2) PROCESS.—Service of process in proceedings
under this subsection shall be conducted in accordance
with the Federal Rules of Civil Procedure.
(3) REMAND.—If the court in a proceeding
under this subsection determines that the Secretary’s
ruling on the person’s petition is not in accordance
with 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 action as, in the
opinion of the court, the law requires.
(c) ENFORCEMENT UNDER SECTION 310.—The pend-
ency of proceedings instituted under this section shall not
impede, hinder, or delay the Attorney General or the Sec-
retary from obtaining relief under section 310.
SEC. 310. ENFORCEMENT.
(a) JURISDICTION.—The several district courts of the
United States are vested with jurisdiction specifically to en-
force, and to prevent and restrain any person from violat-
ing, this title or an order or regulation made or issued by
the Secretary under this title.
(b) REFERRAL TO ATTORNEY GENERAL.—The Sec-
retary shall refer to the Attorney General for appropriate
action all cases of a violation of this title or an order or
regulation made or issued by the Secretary under this title,
except that the Secretary is not required to refer to the At-
torney General such a violation if the Secretary believes
that the administration and enforcement of this title would
be adequately served by administrative action under sub-
section (c) or suitable written notice or warning to the per-
son who committed or is committing the violation.
(c) CIVIL PENALTIES AND ORDERS.—
(1) CIVIL PENALTIES.—A person that violates a
provision of this title, or an order or regulation issued
by the Secretary under this title, or who fails or re-
fuses to pay, collect, or remit any assessment or fee
duly required of the person under an order or regula-
tion issued under this title, may be assessed by the
Secretary—
(A) a civil penalty of not less than $500 nor
more than $5,000 for each such violation; and
(B) in the case of a willful failure to remit
an assessment as required by an order or regula-
tion, an additional penalty equal to the amount
of the assessment.
(2) TREATMENT AS SEPARATE OFFENSES.—Each
violation described in paragraph (1) shall be treated
as a separate offense.
(3) 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 of this
title or an order or regulation issued under this title.
(4) NOTICE AND HEARING.—No penalty shall be
assessed or cease and desist order issued by the Sec-
retary under this subsection unless the Secretary gives
the person against whom the penalty is assessed or
the order is issued notice and opportunity for a hear-
ing before the Secretary with respect to the violation.
The hearing shall be conducted in accordance with
section 311(b)(2) and be held within the United
States judicial district in which the person’s residence
or principal place of business is located.
(5) FINALITY.—The penalty assessed or cease
and desist order issued under this subsection shall be
final and conclusive unless the person against whom
the penalty is assessed or the order is issued files an
appeal 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
against whom a violation is found and a civil pen-
alty assessed or cease and desist order issued under
subsection (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 the district court of
order of the court may be punished by the court as
a contempt thereof.
(2) PROCESS.—Process in any proceeding under
this subsection may be served in the United States ju-
dicial district in which the person being proceeded
against resides or carries on business or wherever the
person may be found.
SEC. 312. CONFIDENTIALITY.
(a) PROHIBITION.—No information on how a person
voted in a referendum conducted under this title shall be
made public.
(b) PENALTY.—Any person knowingly violating sub-
section (a) or the confidentiality terms of an order, as de-
scribed in section 307(d), on conviction shall be subject to
a fine of not less than $1,000 nor more than $10,000 or
to imprisonment for not more than one year, or both, and,
if an officer or employee of the Department of Agriculture
or the PromoFlor Council, shall be removed from office.
(c) ADDITIONAL PROHIBITION.—No information ob-
tained under this title may be made available to any agency
or officer of the Federal Government for any purpose other
than the implementation of this title and any investigatory
or enforcement actions necessary for the implementation of
this title.
(d) WITHHOLDING INFORMATION FROM CONGRESS
PROHIBITED.—Nothing in this title authorizes the with-
holding of information from Congress.
SEC. 313. AUTHORITY FOR SECRETARY TO SUSPEND OR
TERMINATE ORDER.
Whenever the Secretary finds that an order issued
under this title, or any provision of the order, obstructs or
does not tend to effectuate the declared policy of this title,
the Secretary shall terminate or suspend the operation of
the order or provision under such terms as the Secretary
determines appropriate.
SEC. 314. CONSTRUCTION.
(a) TERMINATION OR SUSPENSION NOT AN ORDER.—
The termination or suspension of an order, or any provi-
sion thereof, shall not be considered an order under the
meaning of this title.
(b) PRODUCER RIGHTS.—Nothing in this title may be
construed to provide for control of production or otherwise
limit the right of individual cut flowers and cut greens pro-
ducers to produce cut flowers and cut greens. This title seeks
to treat all persons producing cut flowers and cut greens
fairly and to implement any order established hereunder
equitably in every respect.
(c) OTHER PROGRAMS.—Nothing in this title may be
construed to preempt or supersede any other program relat-
ing to cut flowers or cut greens promotion and consumer
information organized and operated under the laws of the
United States or any State.
SEC. 315. REGULATIONS.
The Secretary may issue such regulations as are nec-
essary to carry out this title and the powers vested in the
Secretary by this title, including regulations relating to the
assessment of late payment charges and interest.
SEC. 316. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for each fiscal year such sums as may be necessary
to carry out this title.
(b) 
ADMINISTRATIVE
EXPENSES.—Funds 
appro-
priated under subsection (a) may not be used for payment
of the expenses or expenditures of the PromoFlor Council
in administering any provision of an order issued under
this title.
SEC. 317. SEPARABILITY.
If any provision of this title or the application thereof
to any person or circumstances is held invalid, the validity
of the remainder of the title and of the application of such
provision to other persons and circumstances shall not be
affected thereby.
TITLE IV—LIME RESEARCH, PRO-
MOTION, AND CONSUMER IN-
FORMATION
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Lime Research, Pro-
motion, and Consumer Information Improvement Act’’.
SEC. 402. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) 
The 
Lime 
Research, 
Promotion, 
and
Consumer Information Act of 1990 (7 U.S.C. 6201 et
seq.) was enacted on November 28, 1990, for the pur-
pose of establishing an orderly procedure for the devel-
opment and financing of an effective and coordinated
program of research, promotion, and consumer infor-
mation to strengthen the domestic and foreign mar-
kets for limes.
(2) The lime research, promotion, and consumer
information order required by such Act became effec-
tive on January 27, 1992.
(3) Although the intent of such Act was to cover
seedless limes, the definition of the term ‘‘lime’’ in sec-
tion 1953(6) of such Act (7 U.S.C. 6202(6)) applies
to seeded limes. Therefore, the Act and the order need
to be revised before a research, promotion, and
consumer information program on seedless limes can
go into effect.
(4) Since the enactment of such Act, the United
States production of fresh market limes has plum-
meted and the volume of imports has risen dramati-
cally. The drop in United States production is pri-
marily due to damage to lime orchards in the State
of Florida by Hurricane Andrew in August 1992.
United States production is not expected to reach pre-
Hurricane Andrew levels for possibly two to three
years because a majority of the limes produced in the
United States are produced in Florida.
(b) PURPOSES.—The purpose of this Act is to amend
the Lime Research, Promotion, and Consumer Information
Act of 1990 (7 U.S.C. 6201 et seq.)—
(1) to cover seedless rather than seeded limes;
(2) to increase the exemption level;
(3) to delay the initial referendum date; and
(4) to alter the composition of the Lime Board.
SEC. 403. DEFINITION OF LIME.
Section 1953(6) of the Lime Research, Promotion, and
Consumer Information Act of 1990 (7 U.S.C. 6202(6)) is
amended by striking ‘‘citrus aurantifolia’’ and inserting
‘‘citrus latifolia’’.
SEC. 404. REQUIRED TERMS IN ORDERS.
(a) COMPOSITION OF LIME BOARD.—Subsection (b) of
section 1955 of the Lime Research, Promotion, and
Consumer Information Act of 1990 (7 U.S.C. 6204) is
amended—
(1) in paragraph (1)(A), by striking ‘‘7’’ and in-
serting ‘‘3’’;
(2) in paragraph (2)(B), by striking ‘‘7’’ and in-
serting ‘‘3’’; and
(3) in paragraph (2)(F), by adding at the end
the following new sentence: ‘‘The Secretary shall ter-
minate the initial Board established under this sub-
section as soon as practicable after the date of the en-
actment of the Lime Research, Promotion, and
Consumer Information Improvement Act.’’.
(b) ALLOCATION OF MEMBERS.—Subsection (b)(2) of
such section is amended—
(1) in subparagraph (B) (as amended by sub-
section (a)(2)), by adding at the end the following
new sentence: ‘‘Of these producer members, 2 members
shall be appointed from the district east of the Mis-
sissippi River and 1 member shall be appointed from
the district west of the Mississippi River.’’; and
(2) in subparagraph (C), by adding at the end
the following new sentence: ‘‘Of these importer mem-
bers, 1 member shall be appointed from the district
east of the Mississippi River and 2 members shall be
appointed from the district west of the Mississippi
River.’’.
(c) TERMS OF MEMBERS.—Subsection (b)(4) of such
section is amended—
(1) by striking ‘‘Members of’’ and all that follows
through ‘‘appointed—’’ and inserting ‘‘The initial
members of the Board appointed under the amended
order shall serve a term of 30 months. Subsequent ap-
pointments to the Board shall be for a term of 3
years, except that—’’;
(2) in subparagraph (A), by striking ‘‘3’’ and
inserting ‘‘2’’;
(3) in subparagraph (B), by striking ‘‘4’’ and
inserting ‘‘2’’; and
(4) in subparagraph (C), by striking ‘‘4’’ and in-
serting ‘‘3’’.
(d) DE MINIMIS EXCEPTION.—Subsection (d)(5) of
such section is amended by striking ‘‘35,000’’ each place
it appears and inserting ‘‘200,000’’.
SEC. 405. INITIAL REFERENDUM.
Section 1960(a) of the Lime Research, Promotion, and
Consumer Information Act of 1990 (7 U.S.C. 6209(a)) is
amended by striking ‘‘Not later than 2 years after the date
on which the Secretary first issues an order under section
1954(a),’’ and inserting ‘‘Not later than 30 months after
the date on which the collection of assessments begins under
the order pursuant to section 1955(d),’’.
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