An Act to amend section 2(3), section 8c(2), section 8c(6) (I), and section 8c (7) (C) of the Agricultural Marketing Agreement Act of 1937, as amended
PL 92-466 (H.R.14015), enacted 10/06/1972

780 
PUBLIC LAW 92-466-OCT. 6, 1972 
[86 STAT. 
October 6, 1972 
[H. R. 14015] 
Public Law 92-466 
AN ACT 
To aiuwid seetiou Hc'(2), st^'tiou 8c(6), section 8c(7) (C), and st>etion 8<.'(19) of 
the Agricultural Marketing Agreement Act of 1937, as amended. 
Pears, 
Marketing 
orders. 
68 Stat. 906; 
75 Stat, 304; 
Ante, p. 39. 
7 u s e 608c. 
85 Stat. 340. 
49 Stat. 757; 
68 Stat. 907. 
Producer refer-
endum. 
75 Stat, 305, 
68 Stat. 906. 
Regulation rec-
ommendations, 
concurrence re-
quirement. 
Be it enacted by the Seriate (Mid House of Rejri'esetttatives of the 
United States of America in Congress aMemMed., That the Agricul-
tural Adjustment Act of 1938, as amended, and as reenacted and 
amended by the Agricultural Marketing Agreement Act of 1937, 
as amended, is further amended as follows: 
(1) Section 8c (2), as amended, is further amended by inserting 
"'peai'S," after the words "canned or frozen" where they first appear 
and also before "olives" in subdivision (A) in the first sentence thereof. 
(2) Subsection (I) of section 8c(6), as amended, is further amended 
by striking "fi-esh" immediately before "pears" in the proviso and 
by adding at the end thereof the following: "and when the handling 
of any commodity for canning or freezing is regulated, then any such 
projects may also deal with the commodity or its products in canned 
or frozen form". 
(3) Section 8c(7) (C) of the Act is amended by inserting "or pearS" 
immediately after "a marketing order applicable to grapefruit" and 
by replacing the period following "in such order" with a colon and 
adding: '''•Provided^ That in a marketing order applicable to pears 
for canning or freezing the representation of processors and pro-
ducers on such agency shall be equal." 
(4) Section 8c(19) is amended by adding at the end thereof the fol-
lowing: "For the purpose of ascertaining whether the issuance of an 
order applicable tx) pears for canning or freezing is approved or 
favored by producers as required under the applicable provisions of 
this title, the Secretary shall conduct a referendum among producers 
in each State in which pears for canning or freezing are proposed to be 
included within the provisions of such marketing order and the 
requirements of approval or favor under any such provisions applicable 
to pears for canning or freezing shall be held to be complied with if, of 
the total number of producers, or the total volume of production, as the 
case may be, represented in such referendum, the percentage approv-
ing or- favoring is e<|ual to or in excess of 66% per centum except that 
in the event that pear producers in any State fail to approve or favor 
the issuance of any such marketing order, it shall not be made effec-
tive in such State." 
(5) A new paragraph (J) is added to section 8c(6) to read as 
follows: 
"(J) In the case of pears for canning or freezing, any order for a 
production area encompassing territory within two or more States or 
portions thereof shall provide that the grade, size, quality, maturity, 
and inspection regulation under the order applicable to pears grown 
within any such State or portion thereof may be recommended to the 
Secretary by the agency established to administer the order only if a 
majority of the representatives from that State on such agency concur 
in the recommendation each year.". 
Approved October 6, 1972. 
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