Potato Research and Promotion Act Amendments of 1982
PL 97-244 (H.R.2160), enacted 08/26/1982

96 STAT. 310 
PUBLIC LAW 97-244—AUG. 26, 1982 
Aug. 26,1982 
[H.R. 2160] 
Potato Research 
and Promotion 
Act 
Amendments 
of 1982. 
7 u s e 2611 note. 
Assessment rate; 
referendum and 
administrative 
costs. 
Public Law 97-244 
97th Congress 
An Act 
To amend the Potato Research and Promotion Act. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Potato Research and Promotion Act Amendments of 
1982". 
REQUIRED TERMS IN PLANS 
SEC, 2. Section 308 of the Potato Research and Promotion Act 
(7 U.S.C. 2617) is amended by— 
(1) amending subsection Qji) to read as follows: 
"0)) Providing that the board shall be composed of representatives 
of producers and the public appointed by the Secretary from nomi-
nations submitted in accordance with this subsection. Representa-
tives of producers shall be nominated by producers in such manner 
as may be prescribed by the Secretary. Public representatives shall 
be nominated by the board in such manner as may be prescribed by 
the Secretary. If producers fail to select nominees for appointment 
to the board, or the board fails to nominate public representatives, 
the Secretary may appoint persons on the beisis of representation as 
provided for in such plan."; 
(2) amending subsection (e) to read as follows: 
"(e) Providing that the board shall recommend to the Secretary 
and the Secretary shall fix the assessment rate required for such 
costs as may be incurred under subsection (d) of this section, includ-
ing any referendum and administrative costs estimated to be 
incurred by the United States Department of Agriculture under this 
title: Provided, That the rate of assessment for fiscal year 1982 and 
each fiscal year thereafter shall not exceed one-half of 1 per centum 
of the immediate past ten calendar year United States average price 
received for potatoes by growers as reported by the Department of 
Agriculture."; and 
(3) inserting before the semicolon in subsection (f)(1) the 
following: ", including any referendum and administrative costs 
incurred by the Department of Agriculture under this title". 
ENFORCEMENT 
SEC. 3. Section 312 of the Potato Research and Promotion Act 
(7 U.S.C. 2621) is amended to read as follows: 
"SEC. 312. (a) The several district courts of the United States are 
vested with jurisdiction specifically to enforce, and to prevent and 
restrain any person from violating any plan or regulation made or 
issued under this title. The facts relating to any civil action author-
ized to be brought under this subsection shall be referred to the 
Attorney General for appropriate action: Provided, That nothing in 
this title shall be construed as requiring the Secretary to refer to the 
Attorney General violations of this title whenever the Secretary 
PUBLIC LAW 97-244—AUG. 26, 1982 
96 STAT. 311 
Penalty. 
Notice and 
hearing. 
believes that the administration and enforcement of any such plan 
or regulation would be adequately served by administrative action 
under subsection (b) of this section or suitable written notice or 
warning to any person committing such violations. 
"(b)(1) Any person who violates any provision of any plan or 
regulation issued by the Secretary under this title, or who fails or 
refuses to pay, collect, or remit any assessment or fee duly required 
of such person thereunder, may be assessed a civil penalty by the 
Secretary of not less than $500 or more than $5,000 for each such 
violation. Each violation shall be a separate offense. In addition to 
or in lieu of such civil penalty the Secretary may issue an order 
requiring such person to cease and desist from continuing such 
violations. No penalty shall be assessed or cease and desist order 
issued unless such person is given notice and opportunity for a 
hearing before the Secretary with respect to such violation, and the 
order of the Secretary assessing a penalty or imposing a cease and 
desist order shall be final and conclusive unless the affected person 
files an appeal from the Secretary's order with the appropriate 
United States court of appeals. 
"(2) Any person against whom a violation is found and a civil Appeal 
penalty assessed or cease and desist order issued under subsection 
(b)(1) of this section may obtain review in the court of appeals of the 
United States for the circuit in which such person resides or carries 
on business or in the United States Court of Appeals for the District 
of Columbia Circuit by filing a notice of appeal in such court within 
thirty days from the date of such order and by simultaneously 
sending a copy of such notice by certified mail to the Secretary. The 
Secretary shall promptly file in such court a certified copy of the 
record upon which such violation was found. The findings of the 
Secretary shall be set aside only if found to be unsupported by 
substantial evidence. 
"(3) Any person who fails to obey a cease and desist order after it 
has become final and unappealable, or after the appropriate court of 
appeals has entered a final judgment in favor of the Secretary, shall 
be subject to a civil penalty assessed by the Secretary, after opportu-
nity for a hearing and for judicial review under the procedures 
specified in subsections (b) (1) and (2) of this section, of not more 
than $500 for each offense, and each day during which such failure 
continues shall be deemed a separate offense. 
"(4) If any person fails to pay an assessment of a civil penalty after 
it has become a final and unappealable order, or after the appropri-
ate court of appeals has entered final judgment in favor of the 
Secretary, the Secretary shall refer the matter to the Attorney 
General for recovery of the amount assessed in any appropriate 
district court of the United States. In such action, the validity and 
appropriateness of the final order imposing the civil penalty shall 
not be subject to review.". 
Hearing and 
judicial review. 
REQUIREMENT OF REFERENDUM 
SEC. 4. Section 314 of the Potato Research and Promotion Act 
(7 U.S.C. 2623) is amended to read as follows: 
"SEC. 314. (a) The Secretary shall conduct a referendum among 
producers, who during a representative period determined by the 
Secretary have been engaged in the production of potatoes, for the 
purpose of ascertaining whether the issuance of a plan is approved 
or favored by such producers. 
97-200 O—84—pt. 1 
12 : QL3 
96 STAT, 312 
PUBLIC LAW 97-244—AUG. 26, 1982 
"(b) No plan issued under this title shall be effective unless the 
Secretary determines that the issuance of such plan is approved or 
favored by not less than two-thirds of the producers voting in such 
referendum, or by the producers of not less than two-thirds of the 
potatoes produced during the representative period by producers 
voting in such referendum, and by not less than a majority of the 
producers voting in such referendum. 
"(c) The failure of potato producers to approve an amendment to 
any plan issued under this title shall not be deemed to invalidate 
such plan. 
"(d) The ballots and other information or reports which reveal or 
tend to reveal the vote of any producer or his production of potatoes 
shall be held strictly confidential and shall not be disclosed. Any 
officer or employee of the Department of Agriculture violating the 
provisions hereof shall upon conviction be subject to the penalties 
provided in section 310(c) above.". 
Approved August 26, 1982. 
LEGISLATIVE HISTORY—H.R. 2160: 
HOUSE REPORT No. 97-446 (Comm. on Agriculture). 
SENATE REPORT No. 97-334 (Comm. on Agriculture, Nutrition, and Forestry). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Mar. 9, considered and passed House. 
May 5, considered and passed Senate, amended. 
July 26, House disagreed to Senate amendments. 
Aug. 12, Senate receded from its disagreement on House amendments.