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(B) the first handlers of organic products
(and other persons in the marketing chain, as
appropriate); and
(C) the importers of organic products.
(2) NATIONAL SCOPE.—The order shall be na-
tional in scope.
(b) PROCEDURE FOR ISSUANCE.—
(1) DEVELOPMENT OR RECEIPT OF PROPOSED
ORDER.—A proposed order with respect to organic
products may be—
(A) prepared by the Secretary at any time
on or after January 1, 2004; or
(B) submitted to the Secretary on or after
January 1, 2004, by—
(i) an association of producers of or-
ganic products; or
(ii) any other person that may be af-
fected by the issuance of the order with re-
spect to organic products.
(2) CONSIDERATION OF PROPOSED ORDER.—If
the Secretary determines that a proposed order is con-
sistent with and will effectuate the purpose of this
subtitle, the Secretary shall—
(A) publish the proposed order in the Fed-
eral Register; and
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(B) give due notice and opportunity for
public comment on the proposed order.
(3) PREPARATION OF FINAL ORDER.—After no-
tice and opportunity for public comment under para-
graph (2) regarding a proposed order, the Secretary
shall—
(A) take into consideration the comments
received in preparing a final order; and
(B) ensure, to the maximum extent prac-
ticable, that the final order is in conformity with
the terms, conditions, and requirements of this
subtitle.
(c) ISSUANCE AND EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), if the Secretary determines that the order
is consistent with and will effectuate the purpose of
this subtitle, the Secretary shall issue the final order.
(2) EXCEPTION.—Paragraph (1) shall not apply
in a case in which an initial referendum is conducted
under section 1097(a).
(3) EFFECTIVE DATE.—The final order shall be
issued and shall take effect not later than 270 days
after the date of publication of the proposed order that
was the basis for the final order.
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SEC. 1094. REQUIRED TERMS IN ORDER.
(a) IN GENERAL.—The order shall contain the terms
and conditions specified in this section.
(b) BOARD.—
(1) ESTABLISHMENT.—The order shall establish
a National Organic Products Board to carry out a
program of generic promotion, research, and informa-
tion relating to organic products that effectuates the
purposes of this subtitle.
(2) BOARD MEMBERSHIP.—
(A) NUMBER OF MEMBERS.—
(i) IN
GENERAL.—The Board shall
consist of the number of members deter-
mined by the Secretary, in consultation
with the organic products industry.
(ii) ALTERNATE MEMBERS.—In addi-
tion to the members described in clause (i),
the Secretary may appoint alternate mem-
bers of the Board.
(B) APPOINTMENT.—
(i) IN GENERAL.—The Secretary shall
appoint members of the Board (including
any alternate members) from among pro-
ducers, first handlers, and importers of or-
ganic products that elect to pay the assess-
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ment described in section 1096, and others
in the marketing chain, as appropriate.
(ii) MEMBERS OF THE PUBLIC.—The
Secretary may appoint 1 or more members
of the general public to the Board.
(C) NOMINATIONS.—The Secretary may
make appointments from nominations made in
accordance with the method described in the
order.
(D) GEOGRAPHICAL
AND
INDUSTRY
REP-
RESENTATION.—To ensure fair and equitable
representation of organic producers and others
covered by the order, the composition of the
Board shall reflect—
(i) the geographical distribution of the
production of organic products in the
United States;
(ii) the quantity or value of organic
products covered by the order imported into
the United States; and
(iii) the variations in the United
States in the scale of organic production op-
erations.
(3) REAPPORTIONMENT
OF
BOARD
MEMBER-
SHIP.—In accordance with rules issued by the Sec-
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retary, at least once in each 4-year period, the Board
shall—
(A) review the geographical distribution in
the United States of the production of organic
products in, variations in the scale of organic
production operations in, and quantity or value
of organic products imported into, the United
States; and
(B) as necessary, recommend to the Sec-
retary the reapportionment of the Board mem-
bership to reflect changes in that geographical
distribution of production, variations in scale of
organic production operations, or quantity or
value imported.
(4) NOTICE.—
(A) VACANCIES.—The order shall provide
for notice of Board vacancies to the organic
products industry.
(B) MEETINGS.—
(i) IN
GENERAL.—The Board shall
provide prior notice of meetings of the
Board to—
(I) the Secretary, to permit the
Secretary, or a designated representa-
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tive of the Secretary, to attend the
meetings; and
(II) the public.
(ii) ATTENDANCE.—A meeting of the
Board shall be open to the public.
(5) TERM OF OFFICE.—
(A) IN GENERAL.—The members and any
alternate members of the Board shall each serve
for a term of 3 years, except that the members
and any alternate members initially appointed
to the Board shall serve for terms of not more
than 2, 3, and 4 years, as specified by the order.
(B) LIMITATION ON CONSECUTIVE TERMS.—
A member or alternate member may serve not
more than 2 consecutive terms.
(C) CONTINUATION
OF
TERM.—Notwith-
standing subparagraph (B), each member or al-
ternate member shall continue to serve until a
successor is appointed by the Secretary.
(D) VACANCIES.—A vacancy arising before
the expiration of a term of office of an incum-
bent member or alternate of the Board shall be
filled in a manner provided for in the order.
(6) COMPENSATION.—
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(A) IN GENERAL.—Members and any alter-
nate members of the Board shall serve without
compensation.
(B) TRAVEL EXPENSES.—If approved by the
Board, members or alternate members shall be
reimbursed for reasonable travel expenses, which
may include a per diem allowance or actual sub-
sistence incurred while away from their homes or
regular places of business in the performance of
services for the Board.
(c) POWERS AND DUTIES OF BOARD.—The order shall
specify the powers and duties of the Board established under
the order, including the power and duty—
(1) to administer, and collect assessments under,
the order in accordance with the terms and conditions
of the order;
(2) to develop and recommend to the Secretary
for approval—
(A) such bylaws as are necessary for the
functioning of the Board;
(B) such rules as are necessary to admin-
ister the order; and
(C) such activities as are authorized to be
carried out under the order;
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(3) to meet, organize, and select from among the
members of the Board a chairperson, other officers,
and committees and subcommittees, as the Board de-
termines to be appropriate;
(4) to employ persons, other than the members,
as the Board considers necessary to assist the Board
in carrying out the duties of the Board (and to deter-
mine the compensation and specify the duties of those
persons);
(5) subject to subsection (e), to develop and carry
out generic promotion, research, and information ac-
tivities relating to organic products;
(6) to prepare and submit for the approval of the
Secretary, before the beginning of each fiscal year—
(A) rates of assessment under section 1096;
and
(B) an annual budget of the anticipated ex-
penses to be incurred in the administration of
the order, including the probable cost of each
promotion, research, and information activity
proposed to be developed or carried out by the
Board;
(7) to borrow funds necessary for the startup ex-
penses of the order;
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(8) subject to subsection (f), to enter into con-
tracts or agreements to develop and carry out generic
promotion, research, and information activities relat-
ing to organic products;
(9) to pay the cost of the activities with—
(A) assessments collected under section
1096;
(B) earnings from invested assessments; and
(C) other funds;
(10)(A) to keep records that accurately reflect the
actions and transactions of the Board;
(B) to keep and report minutes of each meeting
of the Board to the Secretary; and
(C) to furnish the Secretary with any informa-
tion or records the Secretary requests;
(11) to receive, investigate, and report to the Sec-
retary complaints of violations of the order; and
(12) after providing public notice and an oppor-
tunity to comment, to recommend to the Secretary
such amendments to the order as the Board considers
appropriate.
(d) PROHIBITED ACTIVITIES.—The Board may not en-
gage in, and shall prohibit the employees and agents of the
Board from engaging in—
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(1) any action that would be a conflict of inter-
est;
(2) using funds collected by the Board under the
order, any action carried out for the purpose of influ-
encing any legislation or governmental action or pol-
icy (other than recommending to the Secretary
amendments to the order); and
(3) any advertising (including promotion, re-
search, and information activities authorized to be
carried out under the order) that may be false or mis-
leading or disparaging to another agricultural com-
modity.
(e) ACTIVITIES AND BUDGETS.—
(1) ACTIVITIES.—The order shall require the
Board established under the order to submit to the
Secretary for approval plans and projects for pro-
motion, research, or information relating to organic
products.
(2) BUDGETS.—
(A) SUBMISSION TO SECRETARY.—
(i) IN GENERAL.—The order shall re-
quire the Board established under the order
to submit to the Secretary for approval a
budget of the anticipated annual expenses
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and disbursements of the Board to be paid
to administer the order.
(ii) SUBMISSION.—The budget shall be
submitted—
(I) before the beginning of a fiscal
year; and
(II) as frequently as is necessary
after the beginning of the fiscal year.
(B) REIMBURSEMENT OF SECRETARY.—The
order shall require that the Secretary be reim-
bursed for all expenses incurred by the Secretary
in the implementation, administration, and su-
pervision of the order.
(3) INCURRING
EXPENSES.—The Board may
incur the expenses described in paragraph (2) and
other expenses for the administration, maintenance,
and functioning of the Board as authorized by the
Secretary.
(4) PAYMENT OF EXPENSES.—
(A) IN GENERAL.—Expenses incurred under
paragraph (3) shall be paid by the Board
using—
(i) assessments collected under section
1096;
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(ii) earnings obtained from assess-
ments; and
(iii) other income of the Board.
(B) BORROWED
FUNDS.—Any funds bor-
rowed by the Board shall be expended only for
startup costs and capital outlays.
(5) LIMITATION ON SPENDING.—For fiscal years
beginning 3 or more years after the date of the estab-
lishment of the Board, the Board may not expend for
administration (except for reimbursements to the Sec-
retary required under paragraph (2)(B)), mainte-
nance, and functioning of the Board in a fiscal year
an amount that exceeds 15 percent of the assessment
and other income received by the Board for the fiscal
year.
(f) CONTRACTS AND AGREEMENTS.—
(1) IN GENERAL.—The order shall provide that,
with the approval of the Secretary, the Board estab-
lished under the order may—
(A) enter into contracts and agreements to
carry out generic promotion, research, and infor-
mation activities relating to organic products,
including contracts and agreements with pro-
ducer associations or other entities as considered
appropriate by the Secretary; and
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(B) pay the cost of approved generic pro-
motion, research, and information activities
using—
(i) assessments collected under section
1096;
(ii) earnings obtained from assess-
ments; and
(iii) other income of the Board.
(2) REQUIREMENTS.—Each contract or agree-
ment shall provide that any person that enters into
the contract or agreement with the Board shall—
(A) develop and submit to the Board a pro-
posed activity together with a budget that speci-
fies the cost to be incurred to carry out the activ-
ity;
(B) keep accurate records of all of trans-
actions of the person relating to the contract or
agreement;
(C) account for funds received and expended
in connection with the contract or agreement;
(D) make periodic reports to the Board of
activities conducted under the contract or agree-
ment; and
(E) make such other reports as the Board or
the Secretary considers relevant.
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(g) RECORDS OF BOARD.—
(1) IN GENERAL.—The order shall require the
Board—
(A)(i) to maintain such records as the Sec-
retary may require; and
(ii) to make the records available to the Sec-
retary for inspection and audit;
(B) to collect and submit to the Secretary,
at any time the Secretary may specify, any in-
formation the Secretary may request;
(C) to account for the receipt and disburse-
ment of all funds in the possession, or under the
control, of the Board; and
(D) to make public to the participants in
the order the minutes of Board meetings and ac-
tions of the Board.
(2) AUDITS.—The order shall require the Board
to have—
(A) its records audited by an independent
auditor at the end of each fiscal year; and
(B) a report of the audit submitted directly
to the Secretary.
(h) PERIODIC EVALUATION.—
(1) IN
GENERAL.—In accordance with section
501(c) of the Federal Agriculture Improvement and
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Reform Act of 1996 (7 U.S.C. 7401(c)), the order
shall require the Board to provide for the independent
evaluation of all generic promotion, research, and in-
formation activities carried out under the order.
(2) RESULTS.—The results of an evaluation de-
scribed in paragraph (1), with any confidential busi-
ness information expunged, shall be made available
for public review by producers, first handlers, import-
ers, and other participants in the order.
(3) CONFORMING AMENDMENT.—Section 501(a)
of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7401(a)) is amended—
(A) in paragraph (17), by striking ‘‘or’’ at
the end;
(B) in paragraph (18), by striking the pe-
riod at the end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(19) section 1094(h) of the Organic Products
Promotion, Research, and Information Act of 2002.’’.
(i) BOOKS AND RECORDS OF PERSONS COVERED BY
ORDER.—
(1) IN GENERAL.—The order shall require that
producers, first handlers and other persons in the
marketing chain, as appropriate, and importers cov-
ered by the order shall—
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(A) maintain records sufficient to ensure
compliance with the order and regulations;
(B) submit to the Board any information
required by the Board to carry out the respon-
sibilities of the Board under the order; and
(C) make the records described in subpara-
graph (A) available, during normal business
hours, for inspection by employees or agents of
the Board or the Department, including any
records necessary to verify information required
under subparagraph (B).
(2) TIME REQUIREMENT.—Any record required
to be maintained under paragraph (1) shall be main-
tained for such time period as the Secretary may pre-
scribe.
(3) OTHER INFORMATION.—The Secretary may
use, and may authorize the Board to use under this
subtitle, information regarding persons subject to the
order that is collected by the Department under any
other law.
(4) CONFIDENTIALITY OF INFORMATION.—
(A) IN GENERAL.—Except as otherwise pro-
vided in this subtitle, all information obtained
under paragraph (1) or as part of a referendum
under section 1097 shall be kept confidential by
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all officers, employees, and agents of the Depart-
ment and of the Board.
(B) DISCLOSURE.—Information referred to
in subparagraph (A) may be disclosed only if—
(i) the Secretary considers the informa-
tion relevant; and
(ii) the information is revealed in a ju-
dicial 
proceeding 
or 
administrative
hearing—
(I) brought at the direction or on
the request of the Secretary; or
(II) to which the Secretary or any
officer of the Department is a party.
(C) OTHER EXCEPTIONS.—This paragraph
shall not prohibit—
(i) the issuance of general statements
based on reports or on information relating
to a number of persons subject to the order
if the statements do not identify the infor-
mation furnished by any person; or
(ii) the publication, by direction of the
Secretary, of—
(I) the name of any person vio-
lating any order; and
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(II) a statement of the particular
provisions of the order violated by the
person.
(D) PENALTY.—Any person that willfully
violates this subsection shall be subject, on con-
viction, to a fine of not more than $1,000 or to
imprisonment for not more than 1 year, or both.
(5) WITHHOLDING
INFORMATION.—This sub-
section shall not authorize the withholding of infor-
mation from Congress.
SEC. 1095. PERMISSIVE TERMS IN ORDER.
(a) EXEMPTIONS.—The order may contain—
(1) authority for the Secretary to exempt from
the order any de minimis quantity of organic prod-
ucts otherwise covered by the order; and
(2) authority for the Board to require satisfac-
tory safeguards against improper use of the exemp-
tion.
(b) DIFFERENT PAYMENT AND REPORTING SCHED-
ULES.—The order may contain authority for the Board to
designate different payment and reporting schedules to rec-
ognize differences in organic product industry marketing
practices and procedures used in different production and
importing areas.
(c) ACTIVITIES.—
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(1) IN GENERAL.—The order may contain au-
thority to develop and carry out research, promotion,
and information activities designed to expand, im-
prove, or make more efficient the marketing or use of
organic products in domestic and foreign markets.
(2) APPLICABLE
AUTHORITY.—Section 1094(e)
shall apply with respect to activities authorized under
this subsection.
(d) RESERVE FUNDS.—The order may contain author-
ity to reserve funds from assessments collected under section
1096 to permit an effective and continuous coordinated pro-
gram of research, promotion, and information in years in
which the yield from assessments may be reduced, except
that the amount of funds reserved may not exceed the great-
est aggregate amount of the anticipated disbursements spec-
ified in budgets approved under section 1094(e) by the Sec-
retary for any 2 fiscal years.
(e) GENERIC ACTIVITIES.—The order may contain au-
thority to provide credits of assessments in accordance with
section 1096(d) for those individuals that contribute to
other similar generic research, promotion, and information
programs at the State, regional, or local level.
(f) OTHER AUTHORITY.—The order may contain au-
thority to take any other action that—
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(1) is not inconsistent with the purpose of this
subtitle, any term or condition specified in section
1094, or any rule issued to carry out this subtitle;
and
(2) is necessary to administer the order.
SEC. 1096. ASSESSMENTS.
(a) IN GENERAL.—A producer, first handler, or im-
porter of an organic product may elect to pay an assessment
under the order.
(b) PAYMENT.—If a first handler or importer of an
organic product elects to pay an assessment, the assessment
shall be, as appropriate—
(1) paid by first handlers with respect to the or-
ganic product produced and marketed in the United
States; and
(2) paid by importers with respect to the organic
product imported into the United States, if the im-
ported organic product is covered by the order under
section 1095(f).
(c) COLLECTION.—Any assessment collected under the
order shall be remitted to the Board at the time and in
the manner prescribed by the order.
(d) LIMITATION ON ASSESSMENTS.—Not more than 1
assessment may be collected on a first handler or importer
under subsection (a) with respect to any organic product.
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(e) INVESTMENT
OF ASSESSMENTS.—Pending dis-
bursement of assessments under a budget approved by the
Secretary, the Board may invest assessments collected under
this section in—
(1) obligations of the United States or any agen-
cy of the United States;
(2) general obligations of any State or any polit-
ical subdivision of a State;
(3) interest-bearing accounts or certificates of de-
posit of financial institutions that are members of the
Federal Reserve System; or
(4) obligations fully guaranteed as to principal
and interest by the United States.
(f) CREDITS.—Notwithstanding any other provision of
law or any order issued under any commodity promotion
law, the Secretary shall permit a producer, first handler,
or importer of an organic product that pays an assessment
to the Board to receive a credit for the assessment against
any assessment that would otherwise be paid by the pro-
ducer, first handler, or importer under an order issued
under another commodity promotion law.
SEC. 1097. REFERENDA.
(a) INITIAL REFERENDUM.—
(1) 
IN
GENERAL.—For 
the 
purpose 
of
ascertaining whether the persons to be covered by the
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order favor the order going into effect, the Secretary
shall conduct an initial referendum among persons
that, during a representative period determined by
the Secretary, engaged in—
(A) the production or handling of organic
products; or
(B) the importation of organic products.
(2) PROCEDURE.—The results of the referendum
shall be determined in accordance with subsection (e).
(b) SUBSEQUENT REFERENDUM.—Not later than 3
years after the date on which assessments were first carried
out under the order, and at least once every 4 years there-
after, for the purpose of ascertaining whether the persons
covered by the order favor the continuation, suspension, or
termination of the order, the Secretary shall conduct a ref-
erendum among persons that, during a representative pe-
riod determined by the Secretary, have engaged in—
(1) the production or handling of organic prod-
ucts; or
(2) the importation of organic products.
(c) ADDITIONAL REFERENDA.—For the purpose of
ascertaining whether persons covered by the order favor the
continuation, suspension, or termination of the order, the
Secretary shall conduct additional referenda—
(1) at the request of the Board; or
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(2) at the request of 10 percent or more of the
number of persons eligible to vote under subsection
(b).
(d) OPTIONAL REFERENDA.—The Secretary may con-
duct a referendum at any time to determine whether the
continuation, suspension, or termination of the order or a
provision of the order is favored by persons eligible to vote
under subsection (b).
(e) APPROVAL OF ORDER.—The order may provide for
the approval of the order in a referendum by a majority
of persons voting in the referendum.
(f) MANNER OF CONDUCTING REFERENDA.—
(1) IN
GENERAL.—A referendum conducted
under this section shall be conducted in the manner
determined by the Secretary to be appropriate.
(2) ADVANCE REGISTRATION.—If the Secretary
determines that an advance registration of eligible
voters in a referendum is necessary before the voting
period to facilitate the conduct of the referendum, the
Secretary may institute the advance registration
procedures—
(A) by mail;
(B) in person through the use of national
and local offices of the Department; or
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(C) by such other means as may be pre-
scribed by the Secretary.
(3) VOTING.—Eligible voters may vote in the
referendum—
(A) by mail ballot;
(B) in person; or
(C) by such other means as may be pre-
scribed by the Secretary.
(4) NOTICE.—
(A) IN GENERAL.—Not later than 30 days
before the date on which a referendum is con-
ducted under this section with respect to the
order, the Secretary shall notify the organic
product industry, in such manner as determined
to be appropriate by the Secretary, of the period
during which voting in the referendum will
occur.
(B) CONTENTS.—The notice shall explain
any registration and voting procedures estab-
lished under this subsection.
(g) RESULTS
OF
REFERENDA.—The results of
referenda conducted under this section shall be made avail-
able to the public.
SEC. 1098. PETITION AND REVIEW OF ORDERS.
(a) PETITION.—
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(1) IN GENERAL.—A person subject to the order
may file with the Secretary a petition—
(A) stating that the order, any provision of
the order, or any obligation imposed in connec-
tion with the order, is not established in accord-
ance with law; and
(B) requesting a modification of the order
or an exemption from the order.
(2) HEARING.—The Secretary shall give the peti-
tioner an opportunity for a hearing on the petition,
in accordance with regulations promulgated by the
Secretary.
(3) RULING.—
(A) IN
GENERAL.—After the hearing, the
Secretary shall make a ruling on the petition.
(B) FINALITY.—The ruling shall be final,
subject to review in accordance with subsection
(b).
(4) LIMITATION
ON
PETITION.—Any petition
filed under this subsection challenging the order, any
provision of the order, or any obligation imposed in
connection with the order, shall be filed not later than
2 years after the effective date of the order, provision,
or obligation subject to challenge in the petition.
(b) REVIEW.—
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(1) COMMENCEMENT
OF
ACTION.—The district
court of the United States for any district in which
a person that is a petitioner under subsection (a) re-
sides or carries on business shall have jurisdiction to
review the final 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 the final ruling
by the Secretary under subsection (a)(3).
(2) PROCESS.—Service of process in a pro-
ceeding may be made on the Secretary by delivering
a copy of the complaint to the Secretary.
(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 deter-
mines to be in accordance with law; or
(B) to take such further action as, in the
opinion of the court, the law requires.
(c) EFFECT ON ENFORCEMENT PROCEEDINGS.—The
pendency of a petition filed under subsection (a) or an ac-
tion commenced under subsection (b) shall not operate as
a stay of any action authorized by section 1098A to be taken
to enforce this subtitle, including any rule, order, or penalty
in effect under this subtitle.
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SEC. 1098A. ENFORCEMENT.
(a) JURISDICTION.—The district courts of the United
States shall have jurisdiction specifically to enforce, and to
prevent and restrain a person from violating, the order
issued, or any regulation promulgated, under this subtitle.
(b) REFERRAL TO ATTORNEY GENERAL.—A civil ac-
tion authorized to be brought under this section shall be
referred to the Attorney General for appropriate action, ex-
cept 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—
(1) providing a suitable written notice or warn-
ing to the person that committed the violation; or
(2) conducting an administrative action under
this section.
(c) CIVIL PENALTIES AND ORDERS.—
(1) CIVIL PENALTIES.—A person that willfully
violates the order or regulation promulgated by the
Secretary under this subtitle may be assessed by the
Secretary a civil penalty of not less than $1,000 and
not more than $10,000 for each violation.
(2) SEPARATE
OFFENSE.—Each violation and
each day during which there is a failure to comply
with the order, or with any regulation promulgated
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by the Secretary, shall be considered to be a separate
offense.
(3) CEASE-AND-DESIST
ORDERS.—In addition
to, or in lieu of, a civil penalty, the Secretary issue
an order requiring a person to cease and desist from
violating—
(A) the order; or
(B) any regulation promulgated under this
subtitle.
(4) NOTICE AND HEARING.—No order assessing a
penalty or cease-and-desist order may be issued by the
Secretary under this subsection unless the Secretary
provides notice and an opportunity for a hearing on
the record with respect to the violation.
(5) FINALITY.—An order assessing a penalty, or
a cease-and-desist order issued under this subsection
by the Secretary, shall be final and conclusive unless
the person against whom the order is issued files an
appeal from the order with the United States court of
appeals, as provided in subsection (d).
(d) REVIEW BY COURT OF APPEALS.—
(1) IN GENERAL.—A person against whom an
order is issued under subsection (c) may obtain re-
view of the order by—
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(A) filing, not later than 30 days after the
person receives notice of the order, a notice of ap-
peal in—
(i) the United States court of appeals
for the circuit in which the person resides or
carries on business; or
(ii) the United States Court of Appeals
for the District of Columbia Circuit; and
(B) simultaneously sending a copy of the
notice of appeal by certified mail to the Sec-
retary.
(2) RECORD.—The Secretary shall file with the
court a certified copy of the record on which the Sec-
retary has determined that the person has committed
a 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 on the record.
(e) FAILURE
TO
OBEY
CEASE-AND-DESIST
OR-
DERS.—
(1) IN GENERAL.—A person that fails to obey a
valid cease-and-desist order issued by the Secretary
under this section, after an opportunity for a hearing,
shall be subject to a civil penalty assessed by the Sec-
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retary of not less than $1,000 and not more than
$10,000 for each offense.
(2) SEPARATE VIOLATIONS.—Each day during
which the failure continues shall be considered to be
a separate violation of the cease-and-desist order.
(f) FAILURE TO PAY PENALTIES.—
(1) IN GENERAL.—If a person fails to pay a civil
penalty imposed under this section by 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.
(2) REVIEWABILITY.—In the action, the validity
and appropriateness of the order imposing the civil
penalty shall not be subject to review.
(g) ADDITIONAL REMEDIES.—The remedies provided
in this section shall be in addition to, and not exclusive
of, other remedies that may be available.
SEC. 1098B. 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; or
(2) to determine whether any person subject to
this subtitle has engaged, or is about to engage, in
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(1) not later than 180 days after making the de-
termination, suspend or terminate, as the case may
be, collection of assessments under the order; and
(2) as soon as practicable, suspend or terminate,
as the case may be, activities under the order in an
orderly manner.
SEC. 1098D. AMENDMENTS TO ORDERS.
The provisions of this subtitle applicable to an order
shall be applicable to any amendment to an order, except
that section 1097 shall not apply to an amendment.
SEC. 1098E. EFFECT ON OTHER LAWS.
Except as otherwise expressly provided in this subtitle,
this subtitle shall not affect or preempt any other Federal
or State law authorizing promotion or research relating to
an organic product.
SEC. 1098F. REGULATIONS.
The Secretary may promulgate such regulations as are
necessary to carry out this subtitle and the power vested
in the Secretary under this subtitle.
SEC. 1098G. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as are necessary to carry out this sub-
title.
(b) LIMITATION ON EXPENDITURES FOR ADMINISTRA-
TIVE EXPENSES.—Funds made available to carry out this
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subtitle may not be expended for the payment of expenses
incurred by the Board to administer the order.
Subtitle G—Administration
SEC. 1099. REGULATIONS.
(a) IN GENERAL.—The Secretary of Agriculture may
promulgate such regulations as are necessary to implement
this Act and the amendments made by this Act.
(b) PROCEDURE.—The promulgation of the regulations
and administration of title I and sections 459 and 508 and
the amendments made by title I and sections 459 and 508
shall be made without regard to—
(1) the notice and comment provisions of section
553 of title 5, United States Code;
(2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code
(commonly known as the ‘‘Paperwork Reduction
Act’’).
(c) CONGRESSIONAL
REVIEW
OF
AGENCY
RULE-
MAKING.—In carrying out subsection (b), the Secretary
shall use the authority provided under section 808 of title
5, United States Code.
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SEC. 1099A. EFFECT OF AMENDMENTS.
(a) IN GENERAL.—Except as otherwise specifically
provided in this Act and notwithstanding any other provi-
sion of law, this Act and the amendments made by this Act
shall not affect the authority of the Secretary of Agriculture
to carry out an agricultural market transition, price sup-
port, or production adjustment program for any of the 1996
through 2001 crop, fiscal, or calendar years under a provi-
sion of law in effect immediately before the date of enact-
ment of this Act.
(b) LIABILITY.—A provision of this Act or an amend-
ment made by this Act shall not affect the liability of any
person under any provision of law as in effect immediately
before the date of enactment of this Act.
SEC. 1099B. COMMODITY CREDIT CORPORATION FUNDING.
Except for funds made available through a user fee or
funds made available in an appropriation act, notwith-
standing any other provision of this Act or an amendment
made by this Act, any funds that are made available
through the transfer of funds from the Secretary of the
Treasury to the Secretary of Agriculture expressly under
this Act or an amendment made by this Act shall be made
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available through funds of the Commodity Credit Corpora-
tion.
Attest:
Secretary.
107TH CONGRESS
2D SESSION
H. R. 2646
AMENDMENT
February 14, 2002
Ordered to be printed as passed