Collapse to view only § 6107. Enforcement
- § 6101. Findings and declaration of policy
- § 6102. Definitions
- § 6103. Issuance of orders
- § 6104. Required terms in orders
- § 6105. Referenda
- § 6106. Petition and review
- § 6107. Enforcement
- § 6108. Investigations and power to subpoena
- § 6109. Savings provision
- § 6110. Suspension or termination of orders
- § 6111. Authorization of appropriations
- § 6112. Regulations
§ 6101. Findings and declaration of policy
(a) Findings
Congress finds that—
(1) mushrooms are an important food that is a valuable part of the human diet;
(2) the production of mushrooms plays a significant role in the Nation’s economy in that mushrooms are produced by hundreds of mushroom producers, distributed through thousands of wholesale and retail outlets, and consumed by millions of people throughout the United States and foreign countries;
(3) mushroom production benefits the environment by efficiently using agricultural byproducts;
(4) mushrooms must be high quality, readily available, handled properly, and marketed efficiently to ensure that the benefits of this important product are available to the people of the United States;
(5) the maintenance and expansion of existing markets and uses, and the development of new markets and uses, for mushrooms are vital to the welfare of producers and those concerned with marketing and using mushrooms, as well as to the agricultural economy of the Nation;
(6) the cooperative development, financing, and implementation of a coordinated program of mushroom promotion, research, and consumer information are necessary to maintain and expand existing markets for mushrooms; and
(7) mushrooms move in interstate and foreign commerce, and mushrooms that do not move in such channels of commerce directly burden or affect interstate commerce in mushrooms.
(b) Policy
It is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this chapter, of an orderly procedure for developing, financing through adequate assessments on mushrooms produced domestically or imported into the United States, and carrying out, an effective, continuous, and coordinated program of promotion, research, and consumer and industry information designed to—
(1) strengthen the mushroom industry’s position in the marketplace;
(2) maintain and expand existing markets and uses for mushrooms; and
(3) develop new markets and uses for mushrooms.
(c) Construction
(Pub. L. 101–624, title XIX, § 1922, Nov. 28, 1990, 104 Stat. 3855.)
§ 6102. Definitions
As used in this chapter—
(1) Commerce
(2) Consumer information
(3) Council
(4) Department
(5) First handler
(6) Importer
(7) Industry information
(8) Marketing
(9) Mushrooms
(10) Person
(11) Producer
(12) Promotion
(13) Research
(14) Secretary
(15) State and United States
(Pub. L. 101–624, title XIX, § 1923, Nov. 28, 1990, 104 Stat. 3855.)
§ 6103. Issuance of orders
(a) In general
(b) Procedures
(1) Issuance of an order
(2) Publication of order
(3) Issuance of order
(c) Amendments
(1) In general
(2) Application of chapter
(Pub. L. 101–624, title XIX, § 1924, Nov. 28, 1990, 104 Stat. 3856.)
§ 6104. Required terms in orders
(a) In general
(b) Mushroom Council
(1) Establishment and membership of Council
(A) Establishment
(B) Membership
(2) Appointments
(A) In general
(B) Units
(C) Importers
(D) Members per region
(E) Additional membersIn addition to the members appointed pursuant to paragraph (1), and subject to the 9-member limit of members on the Council provided in that paragraph, the Secretary shall appoint additional members to the council from a region that attains additional pounds of production as follows:
(i) If the annual production of a region is greater than 110,000,000 pounds, but less than or equal to 180,000,000 pounds, the region shall be represented by 1 additional member.
(ii) If the annual production of a region is greater than 180,000,000 pounds, but less than or equal to 260,000,000 pounds, the region shall be represented by 2 additional members.
(iii) If the annual production of a region is greater than 260,000,000 pounds, the region shall be represented by 3 additional members.
(F) Average annual production
(G) Failure to nominate
(3) Terms; compensation
(A) Terms
(B) Compensation
(c) Powers and duties of CouncilThe order shall define the powers and duties of the Council, which shall include the following powers and duties—
(1) to administer the order in accordance with its terms and provisions;
(2) to make rules and regulations to effectuate the terms and provisions of the order;
(3) to appoint members of the Council to serve on an executive committee;
(4) to propose, receive, evaluate, approve and submit to the Secretary for approval under subsection (d) budgets, plans, and projects of mushroom promotion, research, consumer information, and industry information, as well as to contract and enter into agreements with appropriate persons to implement such plans or projects;
(5) to develop and propose to the Secretary voluntary quality and grade standards for mushrooms;
(6) to develop and propose to the Secretary programs for good agricultural and good handling practices and related activities for mushrooms;
(7) to receive, investigate, and report to the Secretary complaints of violations of the order;
(8) to recommend to the Secretary amendments to the order; and
(9) to invest, pending disbursement under a plan or project, funds collected through assessments authorized under this chapter only in—
(A) obligations of the United States or any agency thereof;
(B) general obligations of any State or any political subdivision thereof;
(C) any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System; or
(D) obligations fully guaranteed as to principal and interest by the United States,
except that income from any such invested funds may only be used for any purpose for which the invested funds may be used.
(d) Plans and budgets
(1) Submission to Secretary
(2) Budgets
(3) Approval by Secretary
(e) Contracts and agreements
(1) In general
(2) RequirementsAny such contract or agreement shall provide that—
(A) the contracting party shall develop and submit to the Council a plan or project together with a budget or budgets that shall show estimated costs to be incurred for such plan or project;
(B) the plan or project shall become effective on the approval of the Secretary; and
(C) the contracting party shall keep accurate records of all of its transactions, account for funds received and expended, make periodic reports to the Council of activities conducted, and make such other reports as the Council or the Secretary may require.
(3) Producer organizations
(f) Books and records of Council
(1) In generalThe order shall require the Council to—
(A) maintain such books and records (which shall be available to the Secretary for inspection and audit) as the Secretary may prescribe;
(B) prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and
(C) account for the receipt and disbursement of all funds entrusted to the Council.
(2) Audits
(g) Assessments
(1) Collection and payment
(A) In general
(B) Importers
(C) Direct marketing
(2) Rate of assessmentThe rate of assessment shall be determined and announced by the Council and may be changed by the Council at any time. The order shall provide that the rate of assessment—
(A) for the first year of the order, may not exceed one-quarter cent per pound of mushrooms;
(B) for the second year of the order, may not exceed one-third cent per pound of mushrooms;
(C) for the third year of the order, may not exceed one-half cent per pound of mushrooms; and
(D) for the following years of the order, may not exceed one cent per pound of mushrooms.
(3) Use of assessments
(4) Limitation on collection
(h) Prohibition
(i) Books and records
(1) In general
(2) Availability to Secretary
(3) Confidentiality
(A) In general
(B) LimitationsNothing in this paragraph may be construed to prohibit—
(i) the issuance of general statements, based on the reports, of the number of persons subject to the order or statistical data collected therefrom, which statements do not identify the information furnished by any person; or
(ii) the publication, by direction of the Secretary, of the name of any person violating the order, together with a statement of the particular provisions of the order violated by such person.
(4) Availability of information
(A) In general
(B) Penalty
(5) Withholding information
(j) Other terms and conditions
(Pub. L. 101–624, title XIX, § 1925, Nov. 28, 1990, 104 Stat. 3857; Pub. L. 102–237, title VIII, § 803(1), Dec. 13, 1991, 105 Stat. 1882; Pub. L. 110–234, title X, § 10104, May 22, 2008, 122 Stat. 1336; Pub. L. 110–246, § 4(a), title X, § 10104, June 18, 2008, 122 Stat. 1664, 2097.)
§ 6105. Referenda
(a) Initial referendum
(1) In general
(2) Approval of order
(b) Succeeding referenda
(1) Determination concerning order
(A) In general
(B) Request for referendum
(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
(Pub. L. 101–624, title XIX, § 1926, Nov. 28, 1990, 104 Stat. 3861.)
§ 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
(3) Ruling
(b) Review
(1) Commencement of action
(2) Process
(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
(Pub. L. 101–624, title XIX, § 1927, Nov. 28, 1990, 104 Stat. 3862.)
§ 6107. Enforcement
(a) Jurisdiction
(b) Referral to Attorney General
(c) Civil penalties and orders
(1) Civil penalties
(2) Cease-and-desist orders
(3) Notice and hearing
(4) Finality
(d) Review by district court
(1) Commencement of action
Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under subsection (c) may obtain review of the penalty or order by—
(A) filing, within the 30-day period beginning on the date such penalty is assessed or order issued, a notice of appeal in the district court of the United States for the district in which such person resides or does business, or in the United States District Court for the District of Columbia; and
(B) simultaneously sending a copy of the notice by certified mail to the Secretary.
(2) Record
(3) Standard of review
(e) Failure to obey orders
(f) Failure to pay penalties
(
§ 6108. Investigations and power to subpoena
(a) Investigations
(b) Subpoenas, oaths, and affirmations
(1) In general
(2) Administrative hearings
(c) Aid of courts
(d) Contempt
(e) Process
(f) Hearing site
(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.)
§ 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.)
§ 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.)
§ 6111. Authorization of appropriations
(a) In general
(b) Administrative expenses
(Pub. L. 101–624, title XIX, § 1932, Nov. 28, 1990, 104 Stat. 3865.)
§ 6112. Regulations
The Secretary may issue such regulations as are necessary to carry out this chapter.
(Pub. L. 101–624, title XIX, § 1933, Nov. 28, 1990, 104 Stat. 3865.)