dreamproit/uscode huggingface dataset:
7 U.S.C. § 4813 (AGRICULTURE)
§ 4813. Refunds
(a) Demand for refund; persons eligible
Notwithstanding any other provision of this chapter, prior to the approval of the continuation of an order pursuant to the referendum required under section 4811(a) of this title, any person shall have the right to demand and receive from the Board a refund of an assessment collected under section 4809 of this title if such person—
(1) is responsible for paying such assessment; and
(2) does not support the program established under this chapter.
(b) Form and time within which demand to be made
Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board and approved by the Secretary, but not later than 30 days after the end of the month in which the assessment was paid.
(c) Payment of refund on submission of satisfactory proof
Such refund shall be made not later than 30 days after demand is received therefore 1 on submission of proof satisfactory to the Board that the producer, person, or importer—
(1) paid the assessment for which refund is sought; and
(2) did not collect such assessment from another producer, person, or importer.
(Pub. L. 99–198, title XVI, § 1624, Dec. 23, 1985, 99 Stat. 1619.)
7 U.S.C. § 4814 (AGRICULTURE)
§ 4814. Petition and review
(a)
(1) A person subject to an order may file with the Secretary a petition—
(A) stating that such order, a provision of such order, or an obligation imposed in connection with such order is not in accordance with law; and
(B) requesting a modification of such order or an exemption from such order.
(2) Such person shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3) After such hearing, the Secretary shall make a determination granting or denying such petition.
(b)
(1) A district court of the United States in the district in which such person resides or does business shall have jurisdiction to review such determination if a complaint for such purpose is filed not later than 20 days after the date such person receives notice of such determination.
(2) Service of process in such proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.
(3) If a court determines that such determination is not in accordance with law, the court shall remand such proceedings to the Secretary with directions to—
(A) make such ruling as the court shall determine to be in accordance with law; or
(B) take such further proceedings as, in the opinion of the court, the law requires.
(Pub. L. 99–198, title XVI, § 1625, Dec. 23, 1985, 99 Stat. 1619.)
7 U.S.C. § 4816 (AGRICULTURE)
§ 4816. Investigations
(a) Purposes
The Secretary may make such investigations as the Secretary considers necessary—
(1) for the effective administration of this chapter; or
(2) to determine whether a person subject to this chapter has engaged, or is about to engage, in an act that constitutes, or will constitute, a violation of this chapter or an order, rule, or regulation issued under this chapter.
(b) Oaths and affirmations; subpenas
(1) For the purpose of such investigation, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry.
(2) Such attendance of witnesses and the production of such records may be required from any place in the United States.
(c) Judicial enforcement; contempt proceedings; service of process
(1) In the case of contumacy, or refusal to obey a subpoena, by a person, the Secretary may invoke the aid of a court of the United States with jurisdiction over such investigation or proceeding, or where such person resides or does business, in requiring the attendance and testimony of such person and the production of such records.
(2) The court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony touching the matter under investigation.
(3) A failure to obey an order issued under this section by the court may be punished by the court as a contempt thereof.
(4) Process in such case may be served in the judicial district in which such person is an inhabitant or wherever such person may be found.
(Pub. L. 99–198, title XVI, § 1627, Dec. 23, 1985, 99 Stat. 1621.)
7 U.S.C. § 4817 (AGRICULTURE)
§ 4817. Preemption
(a) Promotion and consumer education; funds from pork producers
This chapter is intended to occupy the field of—
(1) promotion and consumer education involving pork and pork products; and
(2) obtaining funds therefor from pork producers.
(b) Additional or different State regulation prohibited
The regulation of such activity (other than a regulation or requirement relating to a matter of public health or the provision of State or local funds for such activity) that is in addition to or different from this chapter may not be imposed by a State.
(c) Application of section
This section shall apply only during a period beginning on the date of the commencement of the collection of assessments under section 4809 of this title and ending on the date of the termination of the collection of assessments under section 4811(a)(3) or 4811(b)(1)(B) 1 of this title.
(Pub. L. 99–198, title XVI, § 1628, Dec. 23, 1985, 99 Stat. 1621.)
7 U.S.C. § 4819 (AGRICULTURE)
§ 4819. Authorization of appropriations
(a) There are authorized to be appropriated such sums as may be necessary for the Secretary to carry out this chapter, subject to reimbursement from the Board under section 4809(c)(3)(B)(iv) of this title.
(b) Sums appropriated to carry out this chapter shall not be available for payment of an expense or expenditure incurred by the Board in administering an order.
(Pub. L. 99–198, title XVI, § 1630, Dec. 23, 1985, 99 Stat. 1621.)
7 U.S.C. § 4902 (AGRICULTURE)
§ 4902. Definitions
As used in this chapter:
(1) The term “Secretary” means the Secretary of Agriculture.
(2) The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or other entity.
(3) The term “watermelon” means all varieties of watermelon grown by producers in the United States or imported into the United States.
(4) The term “handler” means any person (except a common or contract carrier of watermelons owned by another person) who handles watermelons in a manner specified in a plan issued under this chapter or in regulations promulgated thereunder.
(5) The term “producer” means any person engaged in the growing of 10 or more acres of watermelons.
(6) The term “importer” means any person who imports watermelons into the United States.
(7) The term “plan” means an order issued by the Secretary under this chapter.
(8) The term “promotion” means any action taken by the Board, under this chapter, to present a favorable image for watermelons to the public with the express intent of improving the competitive position of watermelons in the marketplace and stimulating sales of watermelons, and shall include, but not be limited to, paid advertising.
(9) The term “Board” means the National Watermelon Promotion Board provided for in section 4906 of this title.
(10) The term “United States” means each of the several States and the District of Columbia.
(Pub. L. 99–198, title XVI, § 1643, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, §§ 3(a), 8(a), (k)(3), 9(a), Dec. 14, 1993, 107 Stat. 2259, 2261, 2263, 2264.)
heading: Amendments
text: 1993—Pub. L. 103–189, § 8(k)(3)(A), substituted “chapter:” for “chapter—” in introductory provisions.
Pars. (1), (2). Pub. L. 103–189, § 8(k)(3)(B), (C), substituted “The term” for “the term” and a period for semicolon at end.
Par. (3). Pub. L. 103–189, § 8(a)(1), (k)(3)(B), substituted “The term” for “the term” and “or imported into the United States.” for the semicolon at end.
Pub. L. 103–189, § 3(a)(1), struck out “the forty-eight contiguous States of” after “by producers in”.
Par. (4). Pub. L. 103–189, § 8(k)(3)(B), (C), substituted “The term” for “the term” and a period for semicolon at end.
Par. (5). Pub. L. 103–189, § 9(a), substituted “10” for “five”.
Pub. L. 103–189, § 8(k)(3)(B), (C), substituted “The term” for “the term” and a period for semicolon at end.
Pars. (6), (7). Pub. L. 103–189, § 8(a)(2), (3), added pars. (6) and (7) and redesignated former pars. (6) and (7) as (8) and (9), respectively.
Par. (8). Pub. L. 103–189, § 8(a)(2), (k)(3)(D), redesignated par. (6) as (8) and substituted “The term” for “the term” and a period for “; and” at end.
Par. (9). Pub. L. 103–189, § 8(a)(2), (k)(3)(E), redesignated par. (7) as (9) and substituted “The term” for “the term” and “4906” for “4903”.
Par. (10). Pub. L. 103–189, § 3(a)(2), added par. (10).
7 U.S.C. § 4903 (AGRICULTURE)
§ 4903. Issuance of plans
To effectuate the declared policy of this chapter, the Secretary shall, under the provisions of this chapter, issue, and from time to time may amend, orders (applicable to producers, handlers, and importers of watermelons) authorizing the collection of assessments on watermelons under this chapter and the use of such funds to cover the costs of research, development, advertising, and promotion with respect to watermelons under this chapter. Any plan shall be applicable to watermelons produced in the United States or imported into the United States.
(Pub. L. 99–198, title XVI, § 1644, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, §§ 3(b), 8(b), Dec. 14, 1993, 107 Stat. 2259, 2261.)
heading: Amendments
text: 1993—Pub. L. 103–189, in first sentence, substituted “, handlers, and importers” for “and handlers”, struck out after first sentence “Any order issued by the Secretary under this chapter shall hereinafter in this chapter be referred to as a ‘plan’.”, and in last sentence, struck out “the forty-eight contiguous States of” after “watermelons produced in”, and inserted “or imported into the United States” before period at end.
7 U.S.C. § 4904 (AGRICULTURE)
§ 4904. Notice and hearings
(a) When sufficient evidence, as determined by the Secretary, is presented to the Secretary by watermelon producers, handlers, and importers, or whenever the Secretary has reason to believe that a plan will tend to effectuate the declared policy of this chapter, the Secretary shall give due notice and opportunity for a hearing on a proposed plan. Such hearing may be requested by watermelon producers, handlers, or importers or by any other interested person, including the Secretary, when the request for such hearing is accompanied by a proposal for a plan.
(b) After notice and opportunity for hearing as provided in subsection (a) of this section, the Secretary shall issue a plan if the Secretary finds, and sets forth in such plan, on the evidence introduced at the hearing that the issuance of the plan and all the terms and conditions thereof will tend to effectuate the declared policy of this chapter.
(Pub. L. 99–198, title XVI, § 1645, Dec. 23, 1985, 99 Stat. 1623; Pub. L. 103–189, § 8(c), Dec. 14, 1993, 107 Stat. 2261.)
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–189 substituted “, handlers, and importers” for “and handlers” and “, handlers, or importers” for “or handlers”.
7 U.S.C. § 4907 (AGRICULTURE)
§ 4907. Permissive terms in plans
(a) Description of terms and provisions; prohibition
Any plan issued under this chapter may contain one or more of the terms and provisions described in this section, but except as provided in section 4906 of this title no others.
(b) Exemptions
The plan may provide for the exemption, from the provisions of the plan, of watermelons used for nonfood uses, and authority for the Board to establish satisfactory safeguards against improper use of such exemption.
(c) Designation of different handler payment and reporting schedules for assessments
The plan may provide for the designation of different handler payment and reporting schedules with respect to assessments, as provided for in sections 4906 and 4908 of this title, to recognize differences in marketing practices and procedures used in different production areas.
(d) Advertising and sales promotion programs or projects
The plan may provide for the establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and other sales promotion of watermelons and for the disbursement of necessary funds for such purposes. Any such program or project shall be directed toward increasing the general demand for watermelons, and promotional activities shall comply with the provisions of section 4906(g) of this title.
(e) Marketing objectives of research and development projects and studies
The plan may provide for establishing and carrying out research and development projects and studies to the end that the marketing and use of watermelons may be encouraged, expanded, improved, or made more efficient, and for the disbursement of necessary funds for such purposes.
(f) Reserve funds; limitation
The plan may provide authority for the accumulation of reserve funds from assessments collected under this chapter, to permit an effective and continuous coordinated program of research, development, advertising, and promotion in years when watermelon production and assessment income may be reduced, except that the total reserve fund may not exceed the amount budgeted for two years operation.
(g) Foreign market sales
The plan may provide for the use of funds from assessments collected under this chapter, with the approval of the Secretary, for the development and expansion of sales of watermelons in foreign markets.
(h) Other terms and conditions
The plan may contain terms and conditions incidental to and not inconsistent with the terms and conditions specified in this chapter and necessary to effectuate the other provisions of the plan.
(Pub. L. 99–198, title XVI, § 1648, Dec. 23, 1985, 99 Stat. 1625.)
7 U.S.C. § 4909 (AGRICULTURE)
§ 4909. Petition and review
(a) Any person subject to a plan may file a written petition with the Secretary, stating that the plan or any provision of the plan, or any obligation imposed in connection therewith, is not in accordance with law and praying for a modification thereof or to be exempted therefrom. The person shall be given an opportunity for a hearing on the petition, in accordance with regulations prescribed by the Secretary. After the hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with the law.
(b) The district courts of the United States in any district in which the person is an inhabitant, or in which the person’s principal place of business is located, are hereby vested with jurisdiction to review such ruling, provided that a complaint for that purpose is filed within twenty days from the date of the entry of the ruling. Service of process in such proceedings may be had on the Secretary by delivering to the Secretary a copy of the complaint. If the court determines that the ruling is not in accordance with law, it shall remand the proceedings to the Secretary with directions either to (1) make such ruling as the court shall determine to be in accordance with law, or (2) take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted under subsection (a) of this section shall not impede or delay the United States or the Secretary from obtaining relief under section 4910(a) 1 of this title.
(Pub. L. 99–198, title XVI, § 1650, Dec. 23, 1985, 99 Stat. 1627.)
heading: References in Text
text: Section 4910(a) of this title, referred to in subsec. (b), was in the original “section 1851(a)”, a nonexistent section in Pub. L. 99–198, and has been translated as if the reference had been to “section 1651(a)” to reflect the probable intent of Congress.
7 U.S.C. § 4912 (AGRICULTURE)
§ 4912. Requirement of referendum
(a) The Secretary shall conduct a referendum among producers, handlers, and importers not exempt under sections 4902(5) and 4907(b) of this title who, during a representative period determined by the Secretary, have been engaged in the production, handling, or importing of watermelons, for the purpose of ascertaining whether the issuance of a plan is approved or favored by producers, handlers, and importers. The ballots and other information or reports that reveal or tend to reveal the vote of any producer, handler, or importer or the person’s volume of watermelons produced, handled, or imported shall be held strictly confidential and shall not be disclosed. Any officer or employee of the Department of Agriculture violating the provisions hereof shall be subject to the penalties provided in section 4908(c) of this title.
(b) A plan issued under this chapter shall not take effect unless the Secretary determines that the issuance of the plan is approved or favored by a majority of the producers and handlers (and importers who are subject to the plan) voting in the referendum.
(Pub. L. 99–198, title XVI, § 1653, Dec. 23, 1985, 99 Stat. 1629; Pub. L. 103–189, §§ 2, 8(i), Dec. 14, 1993, 107 Stat. 2259, 2262.)
heading: Amendments
text: 1993—Pub. L. 103–189 designated existing provisions as subsec. (a), added subsec. (b), and in subsec. (a) substituted “, handlers, and importers” for “and handlers” in two places and “, handling, or importing” for “or handling” in first sentence, substituted “, handler, or importer” for “or handler” and “, handled, or imported” for “or handled” in sentence beginning with “The ballots”, and struck out after first sentence “The referendum shall be conducted at the county extension offices. No plan issued under this chapter shall be effective unless the Secretary determines that the issuance of the plan is approved or favored by not less than two-thirds of the producers and handlers voting in such referendum, or by the producers and handlers of not less than two-thirds of the watermelons produced and handled during the representative period by producers and handlers voting in such referendum, and by not less than a majority of the producers and a majority of the handlers voting in the referendum.”
7 U.S.C. § 4913 (AGRICULTURE)
§ 4913. Suspension or termination of plans
(a) Whenever the Secretary finds that a plan or any provision thereof obstructs or does not tend to effectuate the declared policy of this chapter, the Secretary shall terminate or suspend the operation of the plan or provision.
(b) The Secretary may conduct a referendum at any time, and shall hold a referendum on request of the Board or at least 10 percent of the combined total of the watermelon producers, handlers, and importers eligible to vote in a referendum, to determine if watermelon producers, handlers, and importers favor the termination or suspension of the plan. The Secretary shall terminate or suspend the plan at the end of the marketing year whenever the Secretary determines that the termination or suspension is favored by a majority of those voting in the referendum, and who produce, handle, or import more than 50 per cent of the combined total of the volume of the watermelons produced by the producers, handled by the handlers, or imported by the importers voting in the referendum.
(Pub. L. 99–198, title XVI, § 1654, Dec. 23, 1985, 99 Stat. 1630; Pub. L. 103–189, § 8(j), Dec. 14, 1993, 107 Stat. 2263.)
heading: Amendments
text: 1993—Subsec. (b). Pub. L. 103–189, § 8(j)(3), struck out at end “Any such referendum shall be conducted at county extension offices.”
Pub. L. 103–189, § 8(j)(2)(C), which directed the substitution of “, handled by the handlers, or imported by the importers” for “or handled by the handlers,” in second sentence, was executed by making the substitution in text which did not contain a comma after the word “handlers”, to reflect the probable intent of Congress.
Pub. L. 103–189, § 8(j)(1)–(2)(B), in first sentence, substituted “at least 10 percent of the combined total” for “10 per centum or more” and “, handlers, and importers” for “and handlers” in two places, and in second sentence, substituted “, handle, or import” for “or handle” and “50 percent of the combined total” for “50 per centum”.
7 U.S.C. § 4914 (AGRICULTURE)
§ 4914. Amendment procedure
(a) In general
Before a plan issued by the Secretary under this chapter may be amended, the Secretary shall publish the proposed amendments for public comment and conduct a referendum in accordance with section 4912 of this title.
(b) Separate consideration of amendments
(1) In general
The amendments described in paragraph (2) that are required to be made by the Secretary to a plan as a result of the amendments made by the Watermelon Research and Promotion Improvement Act of 1993 shall be subject to separate line item voting and approval in a referendum conducted pursuant to section 4912 of this title before the Secretary alters the plan as in effect on the day before December 14, 1993.
(2) Amendments
The amendments referred to in paragraph (1) are the amendments to a plan required under—
(A) section 7 of the Watermelon Research and Promotion Improvement Act of 1993 relating to the elimination of the assessment refund; and
(B) section 8 of such Act relating to subjecting importers to the terms and conditions of the plan.
(3) Importers
When conducting the referendum relating to subjecting importers to the terms and conditions of a plan, the Secretary shall include as eligible voters in the referendum producers, handlers, and importers who would be subject to the plan if the amendments to a plan were approved.
(Pub. L. 99–198, title XVI, § 1655, Dec. 23, 1985, 99 Stat. 1630; Pub. L. 103–189, § 10, Dec. 14, 1993, 107 Stat. 2264.)
heading: References in Text
text: The Watermelon Research and Promotion Improvement Act of 1993, referred to in subsec. (b)(1), (2), is Pub. L. 103–189, Dec. 14, 1993, 107 Stat. 2259, which amended this section and sections 4901 to 4904, 4906, 4908, and 4911 to 4913 of this title, and enacted provisions set out as a note under section 4901 of this title. Section 7 of the Act amended section 4906 of this title. Section 8 of the Act amended sections 4901 to 4904, 4906, 4908, and 4911 to 4913 of this title. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 4901 of this title and Tables.
heading: Amendments
text: 1993—Pub. L. 103–189 amended section generally. Prior to amendment, section read as follows: “The provisions of this chapter applicable to plans shall be applicable to amendments to plans.”
7 U.S.C. § 4915 (AGRICULTURE)
§ 4915. Separability
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this chapter and the application of such provision to other persons and circumstances shall not be affected thereby.
(Pub. L. 99–198, title XVI, § 1656, Dec. 23, 1985, 99 Stat. 1630.)
7 U.S.C. § 4916 (AGRICULTURE)
§ 4916. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out the provisions of this chapter, except that the funds so appropriated shall not be available for the payment of any expenses or expenditures of the Board in administering any provision of any plan issued under authority of this chapter.
(Pub. L. 99–198, title XVI, § 1657, Dec. 23, 1985, 99 Stat. 1630.)