dreamproit/uscode huggingface dataset:
7 U.S.C. § 7463 (AGRICULTURE)
§ 7463. Issuance of orders
(a) Issuance
To effectuate the purposes of this subchapter specified in section 7461(b) of this title, the Secretary shall issue an order applicable to producers, handlers, and importers of kiwifruit. Any such order shall be national in scope. Not more than 1 order shall be in effect under this subchapter at any 1 time.
(b) Procedure
(1) Proposal for issuance of order
Any person that will be affected by this subchapter may request the issuance of, and submit a proposal for, an order under this subchapter.
(2) Proposed order
Not later than 90 days after the receipt of a request and proposal 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 provided under 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 this subchapter.
(c) Amendments
The Secretary may amend any order issued under this section. The provisions of this subchapter applicable to an order shall be applicable to an amendment to an order, except that an amendment to an order shall not require a referendum to become effective.
(Pub. L. 104–127, title V, § 554, Apr. 4, 1996, 110 Stat. 1065; Pub. L. 105–185, title VI, § 603(a), June 23, 1998, 112 Stat. 585.)
heading: Amendments
text: 1998—Subsec. (c). Pub. L. 105–185 inserted “, except that an amendment to an order shall not require a referendum to become effective” before period at end.
7 U.S.C. § 7466 (AGRICULTURE)
§ 7466. Permissive terms in order
(a) Permissive terms
On the recommendation of the Board and with the approval of the Secretary, an order issued under section 7463 of this title may include the terms and conditions specified in this section and such additional terms and conditions as the Secretary considers necessary to effectuate the other provisions of the order and are incidental to, and not inconsistent with, this subchapter.
(b) Alternative payment and reporting schedules
The order may authorize the Board to designate different handler payment and reporting schedules to recognize differences in marketing practices and procedures.
(c) Working groups
The order may authorize the Board to convene working groups drawn from producers, handlers, importers, exporters, or the general public and utilize the expertise of the groups to assist in the development of research and marketing programs for kiwifruit.
(d) Reserve funds
The order may authorize the Board to accumulate reserve funds from assessments collected pursuant to section 7465(b) 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 may not exceed the amount budgeted for operation of this subchapter for 1 year.
(e) Promotion activities outside United States
The order may authorize the Board to use, with the approval of the Secretary, funds collected under section 7465(b) of this title and funds from other sources for the development and expansion of sales in foreign markets of kiwifruit produced in the United States.
(Pub. L. 104–127, title V, § 557, Apr. 4, 1996, 110 Stat. 1070.)
7 U.S.C. § 7467 (AGRICULTURE)
§ 7467. Petition and review
(a) Petition
(1) In general
A person subject to an order may file with the Secretary a petition—
(A) stating that the order, a provision of the order, or an 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
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 issue a ruling on the petition which shall be final if the petition is in accordance with law.
(4) Limitation on petition
Any petition filed under this subchapter challenging an order, or any obligation imposed in connection with an order, shall be filed not later than 2 years after the effective date of the order or imposition of the obligation.
(b) Review
(1) Commencement of action
The district court of the United States for any district in which the person who is a petitioner under subsection (a) of this section resides or carries on business is vested with jurisdiction to review the 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 a ruling by the Secretary under subsection (a) of this section.
(2) Process
Service of process in the 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—
(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 a proceeding 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 7468 of this title.
(Pub. L. 104–127, title V, § 558, Apr. 4, 1996, 110 Stat. 1070.)
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. § 7469 (AGRICULTURE)
§ 7469. 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 subchapter; or
(2) to determine whether a person subject to this subchapter has engaged or is engaging in any act that constitutes a violation of this subchapter, or any order, rule, or regulation issued under this subchapter.
(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 subpoenas to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States.
(2) Administrative hearings
For the purpose of an administrative hearing held under section 7467 or 7468 of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of any such records may be required from any place in the United States.
(c) Aid of courts
In the case of contumacy by, or refusal to obey a subpoena to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is carried on, or where the person resides or carries on business, to enforce a subpoena issued by the Secretary under subsection (b) of this section. The court may issue an order requiring the person to comply with the subpoena.
(d) Contempt
Any failure to obey the order of the court may be punished by the court as a contempt of the court.
(e) Process
Process in any such case may be served in the judicial district in which the person resides or carries on business or wherever the person may be found.
(f) Hearing site
The site of any hearing held under section 7467 or 7468 of this title shall be in the judicial district where the person affected by the hearing resides or has a principal place of business.
(Pub. L. 104–127, title V, § 560, Apr. 4, 1996, 110 Stat. 1072.)
7 U.S.C. § 7470 (AGRICULTURE)
§ 7470. Referenda
(a) Initial referendum
(1) Referendum required
During the 60-day period immediately preceding the proposed effective date of an order issued under section 7463 of this title, the Secretary shall conduct a referendum among kiwifruit producers and importers who will be subject to assessments under the order, to ascertain whether producers and importers approve the implementation of the order.
(2) Approval of order
The order shall become effective, as provided in section 7463 of this title, if the Secretary determines that—
(A) the order has been approved by a majority of the producers and importers voting in the referendum; and
(B) the producers and importers favoring approval produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum.
(b) Subsequent referenda
The Secretary may periodically conduct a referendum to determine if kiwifruit producers and importers favor the continuation, termination, or suspension of any order issued under section 7463 of this title that is in effect at the time of the referendum.
(c) Required referenda
The Secretary shall hold a referendum under subsection (b) of this section—
(1) at the end of the 6-year period beginning on the effective date of the order and at the end of each subsequent 6-year period;
(2) at the request of the Board; or
(3) if not less than 30 percent of the kiwifruit producers and importers subject to assessments under the order submit a petition requesting the referendum.
(d) Vote
On completion of a referendum under subsection (b) of this section, the Secretary shall suspend or terminate the order that was subject to the referendum at the end of the marketing year if—
(1) the suspension or termination of the order is favored by not less than a majority of the producers and importers voting in the referendum; and
(2) the producers and importers produce and import more than 50 percent of the total volume of kiwifruit produced and imported by persons voting in the referendum.
(e) Confidentiality
The ballots and other information or reports that reveal, or tend to reveal, the vote of any person under this subchapter and the voting list shall be held strictly confidential and shall not be disclosed.
(Pub. L. 104–127, title V, § 561, Apr. 4, 1996, 110 Stat. 1073.)
7 U.S.C. § 7471 (AGRICULTURE)
§ 7471. Suspension or termination
(a) In general
If the Secretary finds that an order issued under section 7463 of this title, or a provision of the order, obstructs or does not tend to effectuate the purposes of this subchapter, the Secretary shall suspend or terminate the operation of the order or provision.
(b) Limitation
The suspension or termination of any order, or any provision of an order, shall not be considered an order under this subchapter.
(Pub. L. 104–127, title V, § 562, Apr. 4, 1996, 110 Stat. 1074.)
7 U.S.C. § 7481 (AGRICULTURE)
§ 7481. Findings and declaration of policy
(a) Findings
Congress finds that—
(1) popcorn is an important food that is a valuable part of the human diet;
(2) the production and processing of popcorn plays a significant role in the economy of the United States in that popcorn is processed by several popcorn processors, distributed through wholesale and retail outlets, and consumed by millions of people throughout the United States and foreign countries;
(3) popcorn must be of high quality, readily available, handled properly, and marketed efficiently to ensure that the benefits of popcorn are available to the people of the United States;
(4) the maintenance and expansion of existing markets and uses and the development of new markets and uses for popcorn are vital to the welfare of processors and persons concerned with marketing, using, and producing popcorn for the market, as well as to the agricultural economy of the United States;
(5) the cooperative development, financing, and implementation of a coordinated program of popcorn promotion, research, consumer information, and industry information is necessary to maintain and expand markets for popcorn; and
(6) popcorn moves in interstate and foreign commerce, and popcorn that does not move in those channels of commerce directly burdens or affects interstate commerce in popcorn.
(b) Policy
It is the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this subchapter, of an orderly procedure for developing, financing (through adequate assessments on unpopped popcorn processed domestically), and carrying out an effective, continuous, and coordinated program of promotion, research, consumer information, and industry information designed to—
(1) strengthen the position of the popcorn industry in the marketplace; and
(2) maintain and expand domestic and foreign markets and uses for popcorn.
(c) Purposes
The purposes of this subchapter are to—
(1) maintain and expand the markets for all popcorn products in a manner that—
(A) is not designed to maintain or expand any individual share of a producer or processor of the market;
(B) does not compete with or replace individual advertising or promotion efforts designed to promote individual brand name or trade name popcorn products; and
(C) authorizes and funds programs that result in government speech promoting government objectives; and
(2) establish a nationally coordinated program for popcorn promotion, research, consumer information, and industry information.
(d) Statutory construction
This subchapter treats processors equitably. Nothing in this subchapter—
(1) provides for the imposition of a trade barrier to the entry into the United States of imported popcorn for the domestic market; or
(2) provides for the control of production or otherwise limits the right of any individual processor to produce popcorn.
(Pub. L. 104–127, title V, § 572, Apr. 4, 1996, 110 Stat. 1074.)
7 U.S.C. § 7482 (AGRICULTURE)
§ 7482. Definitions
In this subchapter (unless the context otherwise requires):
(1) Board
The term “Board” means the Popcorn Board established under section 7484(b) of this title.
(2) Commerce
The term “commerce” means interstate, foreign, or intrastate commerce.
(3) Consumer information
The term “consumer information” means information and programs that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of popcorn.
(4) Department
The term “Department” means the Department of Agriculture.
(5) Industry information
The term “industry information” means information or a program that will lead to the development of—
(A) new markets, new marketing strategies, or increased efficiency for the popcorn industry; or
(B) activities to enhance the image of the popcorn industry.
(6) Marketing
The term “marketing” means the sale or other disposition of unpopped popcorn for human consumption in a channel of commerce, but does not include a sale or disposition to or between processors.
(7) Order
The term “order” means an order issued under section 7483 of this title.
(8) Person
The term “person” means an individual, group of individuals, partnership, corporation, association, or cooperative, or any other legal entity.
(9) Popcorn
The term “popcorn” means unpopped popcorn (Zea Mays L) that is—
(A) commercially grown;
(B) processed in the United States by shelling, cleaning, or drying; and
(C) introduced into a channel of commerce.
(10) Process
The term “process” means to shell, clean, dry, and prepare popcorn for the market, but does not include packaging popcorn for the market without also engaging in another activity described in this paragraph.
(11) Processor
The term “processor” means a person engaged in the preparation of unpopped popcorn for the market who owns or shares the ownership and risk of loss of the popcorn and who processes and distributes over 4,000,000 pounds of popcorn in the market per year.
(12) Promotion
The term “promotion” means an action, including paid advertising, to enhance the image or desirability of popcorn.
(13) Research
The term “research” means any type of study to advance the image, desirability, marketability, production, product development, quality, or nutritional value of popcorn.
(14) Secretary
The term “Secretary” means the Secretary of Agriculture.
(15) State
The term “State” means each of the 50 States and the District of Columbia.
(16) United States
The term “United States” means all of the States.
(Pub. L. 104–127, title V, § 573, Apr. 4, 1996, 110 Stat. 1075.)
7 U.S.C. § 7483 (AGRICULTURE)
§ 7483. Issuance of orders
(a) In general
To effectuate the policy described in section 7481(b) of this title, the Secretary, subject to subsection (b) of this section, shall issue 1 or more orders applicable to processors. An order shall be applicable to all popcorn production and marketing areas in the United States. Not more than 1 order shall be in effect under this subchapter at any 1 time.
(b) Procedure
(1) Proposal or request for issuance
The Secretary may propose the issuance of an order, or an association of processors or any other person that would be affected by an order may request the issuance of, and submit a proposal for, an order.
(2) Notice and comment concerning proposed order
Not later than 60 days after the receipt of a request and proposal for an order under paragraph (1), or at such time as the Secretary determines to propose 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 under paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order such provisions as are necessary to ensure that the order conforms to this subchapter. The order shall be issued and become effective not later than 150 days after the date of publication of the proposed order.
(c) Amendments
The Secretary, as appropriate, may amend an order. The provisions of this subchapter applicable to an order shall be applicable to any amendment to an order, except that an amendment to an order may not require a referendum to become effective.
(Pub. L. 104–127, title V, § 574, Apr. 4, 1996, 110 Stat. 1076.)
7 U.S.C. § 7485 (AGRICULTURE)
§ 7485. Referenda
(a) Initial referendum
(1) In general
Within the 60-day period immediately preceding the effective date of an order, as provided in section 7483(b)(3) of this title, the Secretary shall conduct a referendum among processors who, during a representative period as determined by the Secretary, have been engaged in processing, for the purpose of ascertaining whether the order shall go into effect.
(2) Approval of order
The order shall become effective, as provided in section 7483(b) of this title, only if the Secretary determines that the order has been approved by not less than a majority of the processors voting in the referendum and if the majority processed more than 50 percent of the popcorn certified as having been processed, during the representative period, by the processors voting.
(b) Additional referenda
(1) In general
Not earlier than 3 years after the effective date of an order approved under subsection (a) of this section, on the request of the Board or a representative group of processors, as described in paragraph (2), the Secretary may conduct additional referenda to determine whether processors favor the suspension or termination of the order.
(2) Representative group of processors
An additional referendum on an order shall be conducted if the referendum is requested by 30 percent or more of the number of processors who, during a representative period as determined by the Secretary, have been engaged in processing.
(3) Disapproval of order
If the Secretary determines, in a referendum conducted under paragraph (1), that suspension or termination of the order is favored by at least ⅔ of the processors voting in the referendum, the Secretary shall—
(A) suspend or terminate, as appropriate, collection of assessments under the order not later than 180 days after the date of determination; and
(B) suspend or terminate the order, as appropriate, in an orderly manner as soon as practicable after the date of determination.
(c) Costs of referendum
The Secretary shall be reimbursed from assessments collected by the Board for any expenses incurred by the Secretary in connection with the conduct of any referendum under this section.
(d) Method of conducting referendum
Subject to this section, a referendum conducted under this section shall be conducted in such manner as is determined by the Secretary.
(e) Confidentiality of ballots and other information
(1) In general
The ballots and other information or reports that reveal or tend to reveal the vote of any processor, or any business operation of a processor, shall be considered to be strictly confidential and shall not be disclosed.
(2) Penalty for violations
An officer or employee of the Department who knowingly violates paragraph (1) shall be subject to the penalties described in section 7484(i)(3)(C)(ii) of this title.
(Pub. L. 104–127, title V, § 576, Apr. 4, 1996, 110 Stat. 1081.)
7 U.S.C. § 7486 (AGRICULTURE)
§ 7486. Petition and review
(a) Petition
(1) In general
A person subject to an order may file with the Secretary a petition—
(A) stating that the order, a provision of the order, or an obligation imposed in connection with the order is not established in accordance with law; and
(B) requesting a modification of the order or obligation or an exemption from the order or obligation.
(2) Statute of limitations
A petition under paragraph (1) concerning an obligation may be filed not later than 2 years after the date of imposition of the obligation.
(3) Hearings
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.
(4) Ruling
After a hearing under paragraph (3), the Secretary shall issue a ruling on the petition that is the subject of the hearing, which shall be final if the ruling is in accordance with applicable law.
(b) Review
(1) Commencement of action
The district court of the United States for any district in which a person who is a petitioner under subsection (a) of this section resides or carries on business shall have jurisdiction to review a ruling on the petition, if the person files a complaint not later than 20 days after the date of issuance of the ruling under subsection (a)(4) of this section.
(2) Process
Service of process in a proceeding under paragraph (1) may be made on the Secretary by delivering a copy of the complaint to the Secretary.
(3) Remands
If the court determines, under paragraph (1), that a ruling issued under subsection (a)(4) of this section is not in accordance with applicable law, the court shall remand the matter to the Secretary with directions—
(A) to make such ruling as the court shall determine to be in accordance with law; or
(B) to take such further proceedings as, in the opinion of the court, the law requires.
(c) Enforcement
The pendency of proceedings instituted under subsection (a) of this section may not impede, hinder, or delay the Secretary or the Attorney General from taking action under section 7487 of this title.
(Pub. L. 104–127, title V, § 577, Apr. 4, 1996, 110 Stat. 1082.)
7 U.S.C. § 7487 (AGRICULTURE)
§ 7487. Enforcement
(a) In general
The Secretary may issue an enforcement order to restrain or prevent any person from violating an order or regulation issued under this subchapter and may assess a civil penalty of not more than $1,000 for each violation of the enforcement order, after an opportunity for an administrative hearing, if the Secretary determines that the administration and enforcement of the order and this subchapter would be adequately served by such a procedure.
(b) Jurisdiction
The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, an order or regulation issued under this subchapter.
(c) Referral to Attorney General
A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action.
(Pub. L. 104–127, title V, § 578, Apr. 4, 1996, 110 Stat. 1082.)