dreamproit/uscode huggingface dataset:
7 U.S.C. § 6103 (AGRICULTURE)
§ 6103. Issuance of orders
(a) In general
To effectuate the declared policy of section 6101(b) of this title, the Secretary, subject to the procedures provided in subsection (b) of this section, shall issue orders under this chapter applicable to producers, importers, and first handlers of mushrooms. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
(b) Procedures
(1) Issuance of an order
The Secretary may propose the issuance of an order under this chapter, or an association of mushroom producers or any other person that will be affected by this chapter may request the issuance of, and submit a proposal for, such an order.
(2) Publication of order
Not later than 60 days after the receipt of a request and proposal by an interested person for an order, or when the Secretary determines to propose an order, the Secretary shall publish the proposed order and give due notice and opportunity for public comment on the proposed order.
(3) Issuance of order
After notice and opportunity for public comment are given, as provided in paragraph (2), the Secretary shall issue the order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements of this chapter. Such order shall be issued and, if approved by producers and importers of mushrooms as provided in section 6105(a) of this title, shall become effective not later than 180 days following publication of the proposed order.
(c) Amendments
(1) In general
The Secretary, from time to time, may amend any order issued under this section.
(2) Application of chapter
The provisions of this chapter applicable to an order shall be applicable to amendments to the order.
(Pub. L. 101–624, title XIX, § 1924, Nov. 28, 1990, 104 Stat. 3856.)
7 U.S.C. § 6105 (AGRICULTURE)
§ 6105. Referenda
(a) Initial referendum
(1) In general
Within the 60-day period immediately preceding the effective date of an order issued under section 6103(b) of this title, the Secretary shall conduct a referendum among mushroom producers and importers to ascertain whether the order shall go into effect.
(2) Approval of order
The order shall become effective, as provided in section 6103(b) of this title, if the Secretary determines that the order has been approved by a majority of the producers and importers voting in the referendum, which majority, on average, annually produces and imports into the United States more than 50 percent of the mushrooms annually produced and imported by all those voting in the referendum.
(b) Succeeding referenda
(1) Determination concerning order
(A) In general
Effective 5 years after the date on which an order becomes effective under section 6103(b) of this title, the Secretary shall conduct a referendum among mushroom producers and importers to ascertain whether they favor continuation, termination, or suspension of the order.
(B) Request for referendum
Effective beginning 3 years after the date on which an order becomes effective under section 6103(b) of this title, the Secretary, on request of a representative group comprising 30 percent or more of the number of mushroom producers and importers, may conduct a referendum to ascertain whether producers and importers favor termination or suspension of the order.
(2) Suspension or termination
If, as a result of any referendum conducted under paragraph (1), the Secretary determines that suspension or termination of an order is favored by a majority of the producers and importers voting in the referendum, which majority, on average, annually produces and imports into the United States more than 50 percent of the mushrooms annually produced and imported by all those voting in the referendum, the Secretary shall—
(A) within 6 months after making such determination, suspend or terminate, as appropriate, collection of assessments under the order; and
(B) suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.
(c) Manner
Referenda conducted pursuant to this section shall be conducted in such a manner as is determined by the Secretary.
(Pub. L. 101–624, title XIX, § 1926, Nov. 28, 1990, 104 Stat. 3861.)
7 U.S.C. § 6106 (AGRICULTURE)
§ 6106. Petition and review
(a) Petition
(1) In general
A person subject to an order issued under this chapter may file with the Secretary a petition—
(A) stating that the order, any provision of the order, or any obligation imposed in connection with the order, is not in accordance with law; and
(B) requesting a modification of the order or an exemption from the order.
(2) Hearings
The petitioner shall be given the opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3) Ruling
After such hearing, 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 who is a petitioner under subsection (a) of this section resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of such ruling of the Secretary under subsection (a) of this section.
(2) Process
Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3) Remands
If the court determines that such ruling 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.
(4) Enforcement
The pendency of proceedings instituted under subsection (a) of this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 6107 of this title.
(Pub. L. 101–624, title XIX, § 1927, Nov. 28, 1990, 104 Stat. 3862.)
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
7 U.S.C. § 6108 (AGRICULTURE)
§ 6108. Investigations and power to subpoena
(a) Investigations
The Secretary may make such investigations as the Secretary considers necessary for the effective administration of this chapter or to determine whether any person subject to this chapter has engaged or is engaging in any act that constitutes a violation of this chapter or of any order, rule, or regulation issued under this chapter.
(b) Subpoenas, oaths, and affirmations
(1) In general
For the purpose of an investigation made under subsection (a) of this section, the Secretary may administer oaths and affirmations and issue a subpoena 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 6106 or 6107 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such 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 case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection (b) of this section. The court may issue an order requiring such person to comply with such a subpoena.
(d) Contempt
Any failure to obey such order of the court may be punished by such court as a contempt thereof.
(e) Process
Process in any such case may be served in the judicial district in which such person resides or conducts business or wherever such person may be found.
(f) Hearing site
The site of any hearings held under section 6106 or 6107 of this title shall be within the judicial district where such person resides or has a principal place of business.
(Pub. L. 101–624, title XIX, § 1929, Nov. 28, 1990, 104 Stat. 3864; Pub. L. 102–237, title VIII, § 803(3), Dec. 13, 1991, 105 Stat. 1882.)
heading: Amendments
text: 1991—Subsec. (b)(2). Pub. L. 102–237 struck out “section” after “6106 or”.
7 U.S.C. § 6109 (AGRICULTURE)
§ 6109. Savings provision
Nothing in this chapter may be construed to preempt or supersede any other program relating to mushroom promotion, research, consumer information, or industry information organized and operated under the laws of the United States or any State.
(Pub. L. 101–624, title XIX, § 1930, Nov. 28, 1990, 104 Stat. 3865.)
7 U.S.C. § 6110 (AGRICULTURE)
§ 6110. Suspension or termination of orders
The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of such order or provision. The termination or suspension of any order, or any provision thereof, shall not be considered an order under the meaning of this chapter.
(Pub. L. 101–624, title XIX, § 1931, Nov. 28, 1990, 104 Stat. 3865.)
7 U.S.C. § 6111 (AGRICULTURE)
§ 6111. Authorization of appropriations
(a) In general
There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this chapter.
(b) Administrative expenses
The funds so appropriated shall not be available for payment of the expenses or expenditures of the Council in administering any provision of an order issued under this chapter.
(Pub. L. 101–624, title XIX, § 1932, Nov. 28, 1990, 104 Stat. 3865.)
7 U.S.C. § 6202 (AGRICULTURE)
§ 6202. Definitions
As used in this chapter:
(1) Board
The term “Board” means the Lime Board provided for under section 6204(b) of this title.
(2) Consumer information
The term “consumer information” means any action taken to provide information to, and broaden the understanding of, the general public regarding the use, nutritional attributes, and care of limes.
(3) Handle
The term “handle” means to sell, purchase, or package limes.
(4) Handler
The term “handler” means any person in the business of handling limes.
(5) Importer
The term “importer” means any person who imports limes into the United States.
(6) Lime
The term “lime” means the fruit of a citrus latifolia tree for the fresh market.
(7) Marketing
The term “marketing” means the sale or other disposition of limes in commerce.
(8) Order
The term “order” means a lime research, promotion, and consumer information order issued by the Secretary under section 6203(a) of this title.
(9) Person
The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or other legal entity.
(10) Producer
The term “producer” means any person who produces limes in the United States for sale in commerce.
(11) Producer-handler
The term “producer-handler” means any person who is both a producer and handler of limes.
(12) Promotion
The term “promotion” means any action taken under this chapter (including paid advertising) to present a favorable image for limes to the general public with the express intent of improving the competitive position and stimulating the sale of limes.
(13) Research
The term “research” means any type of research relating to the use and nutritional value of limes and designed to advance the image, desirability, marketability, or quality of limes.
(14) Secretary
The term “Secretary” means the Secretary of Agriculture.
(15) State and United States
The term—
(A) “State” means each of the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and
(B) “United States” means the 50 States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 101–624, title XIX, § 1953, Nov. 28, 1990, 104 Stat. 3871; Pub. L. 103–194, § 3, Dec. 14, 1993, 107 Stat. 2295.)
heading: Amendments
text: 1993—Par. (6). Pub. L. 103–194 substituted “citrus latifolia” for “citrus aurantifolia”.
7 U.S.C. § 6203 (AGRICULTURE)
§ 6203. Issuance of orders
(a) In general
Subject to this chapter, and to effectuate the declared purposes of this chapter, the Secretary shall issue and, from time to time, amend lime research, promotion, and consumer information orders applicable to handlers, producers, producer-handlers, and importers of limes. Any such order shall be national in scope. Not more than one order shall be in effect under this chapter at any one time.
(b) Procedure
(1) Proposal for issuance of order
Any person that will be affected by this chapter may request the issuance of, and submit a proposal for, an order under this chapter.
(2) Proposed order
Not later than 60 days after the receipt of a request and proposal by an interested person for an order, the Secretary shall publish a proposed order and give due notice and opportunity for public comment on the proposed order.
(3) Issuance of order
After notice and opportunity for public comment are given, as provided in paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements of this chapter.
(4) Effective date of order
Such order shall be issued and become effective not later than 150 days following publication of the proposed order.
(c) Amendments
The Secretary, from time to time, may amend any order issued under this section. The provisions of this chapter applicable to orders shall be applicable to amendments to orders.
(Pub. L. 101–624, title XIX, § 1954, Nov. 28, 1990, 104 Stat. 3872.)
7 U.S.C. § 6205 (AGRICULTURE)
§ 6205. Permissive terms in orders
On the recommendation of the Board and with the approval of the Secretary, an order issued under section 6203(a) of this title may—
(1) provide authority to the Board to exempt from such order limes exported from the United States, subject to such safeguards as the Board may establish to ensure proper use of the exemption;
(2) provide authority to the Board to designate different handler payment and reporting schedules to recognize differences in marketing practices and procedures;
(3) provide that the Board may convene from time to time working groups drawn from producers, handlers, producer-handlers, importers, exporters, or the general public to assist in the development of research and marketing programs for limes;
(4) provide authority to the Board to accumulate reserve funds from assessments collected pursuant to section 6204(d) of this title to permit an effective and continuous coordinated program of research, promotion, and consumer information, in years in which production and assessment income may be reduced, except that any reserve fund so established may not exceed the amount budgeted for operation of this chapter for 1 year;
(5) provide authority to the Board to use, with the approval of the Secretary, funds collected under section 6204(d) of this title for the development and expansion of lime sales in foreign markets; and
(6) provide for terms and conditions—
(A) incidental to, and not inconsistent with, the terms and conditions specified in this chapter; and
(B) necessary to effectuate the other provisions of such order.
(Pub. L. 101–624, title XIX, § 1956, Nov. 28, 1990, 104 Stat. 3876.)
7 U.S.C. § 6206 (AGRICULTURE)
§ 6206. Petition and review
(a) Petition
(1) In general
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 the order or an exemption from the order.
(2) Hearings
A person submitting a petition under paragraph (1) shall be given an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3) Ruling
After the hearing, 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 such person who is a petitioner under subsection (a) of this section resides or carries on business are hereby vested with jurisdiction to review the ruling on such person’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a) of this section.
(2) Process
Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(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 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.
(4) Enforcement
The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 6207 of this title.
(Pub. L. 101–624, title XIX, § 1957, Nov. 28, 1990, 104 Stat. 3876.)
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
7 U.S.C. § 6208 (AGRICULTURE)
§ 6208. Investigations and power to subpoena
(a) In general
The Secretary may make such investigations as the Secretary considers necessary—
(1) for the effective carrying out of the responsibilities of the Secretary under this chapter; or
(2) to determine whether a person subject to the provisions of this chapter has engaged or is engaging in any act that constitutes a violation of any provision of this chapter, or any order, rule, or regulation issued under this chapter.
(b) Power to subpoena
(1) Investigations
For the purpose of an investigation made under subsection (a) of this section, the Secretary may administer oaths and affirmations and may issue a subpoena 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 6206 or 6207 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such 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 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 such investigation or proceeding is carried on, or where such person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection (b) of this section. The court may issue an order requiring such person to comply with such a subpoena.
(d) Contempt
Any failure to obey such order of the court may be punished by such court as a contempt thereof.
(e) Process
Process in any such case may be served in the judicial district of which such person resides or conducts business or wherever such person may be found.
(f) Hearing site
The site of any hearings held under section 6206 or 6207 of this title shall be within the judicial district where such person is an inhabitant or has a principal place of business.
(Pub. L. 101–624, title XIX, § 1959, Nov. 28, 1990, 104 Stat. 3878; Pub. L. 102–237, title VIII, § 805(3), Dec. 13, 1991, 105 Stat. 1882.)
heading: Amendments
text: 1991—Subsec. (b)(2). Pub. L. 102–237 struck out “section” after “6206 or”.
7 U.S.C. § 6210 (AGRICULTURE)
§ 6210. Suspension and termination
(a) Finding of Secretary
If the Secretary finds that an order issued under section 6203(a) of this title, or a provision of such order, obstructs or does not tend to effectuate the purposes of this chapter, the Secretary shall terminate or suspend the operation of such order or provision.
(b) Periodic referenda
The Secretary may periodically conduct a referendum to determine if lime producers, producer-handlers, and importers favor the continuation, termination, or suspension of any order issued under section 6203(a) of this title and in effect at the time of such referendum.
(c) Required referenda
The Secretary shall hold a referendum under subsection (b) of this section—
(1) at the request of the Board; or
(2) if not less than 10 percent of the lime producers, producer-handlers, and importers subject to assessment under this chapter submit a petition requesting such a referendum.
(d) Limitation
The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this chapter.
(e) Vote
The Secretary shall suspend or terminate the order at the end of the marketing year if the Secretary determines that—
(1) the suspension or termination of the order is favored by not less than a majority of those persons voting in a referendum under subsection (b) of this section; and
(2) the producers, producer-handlers, and importers comprising this majority produce and import more than 50 percent of the volume of limes produced and imported by those voting in the referendum.
(Pub. L. 101–624, title XIX, § 1961, Nov. 28, 1990, 104 Stat. 3880.)
7 U.S.C. § 6211 (AGRICULTURE)
§ 6211. Authorization of appropriations
(a) In general
There are authorized to be appropriated for each fiscal year such funds as are necessary to carry out this chapter.
(b) Administrative expenses
The funds so appropriated shall not be available for payment of the expenses or expenditures of the Board in administering any provisions of an order issued under this chapter.
(Pub. L. 101–624, title XIX, § 1962, Nov. 28, 1990, 104 Stat. 3880.)