7 USC 6205 - Permissive terms in orders

Collapse to view only § 6205. Permissive terms in orders

§ 6201. Findings, purposes, and limitations
§ 6202. Definitions
§ 6203. Issuance of orders
§ 6204. Required terms in orders
§ 6205. Permissive terms in orders
§ 6206. Petition and review
§ 6207. Enforcement
§ 6208. Investigations and power to subpoena
§ 6209. Initial referendum
§ 6210. Suspension and termination
§ 6211. Authorization of appropriations
§ 6212. Regulations

§ 6201. Findings, purposes, and limitations

(a) FindingsCongress finds that—

(1) domestically produced limes are grown by many individual producers;

(2) virtually all domestically produced limes are grown in the States of Florida and California;

(3) limes move in interstate and foreign commerce, and limes that do not move in such channels of commerce directly burden or affect interstate commerce in limes;

(4) in recent years, large quantities of limes have been imported into the United States;

(5) the maintenance and expansion of existing domestic and foreign markets for limes and the development of additional and improved markets for limes are vital to the welfare of lime producers and other persons concerned with producing, marketing, or processing limes;

(6) a coordinated program of research, promotion, and consumer information regarding limes is necessary for the maintenance and development of such markets; and

(7) lime producers, lime producer-handlers, lime handlers, and lime importers are unable to implement and finance such a program without cooperative action.

(b) PurposesThe purposes of this chapter are—

(1) to authorize the establishment of an orderly procedure for the development and financing (through an adequate assessment) of an effective and coordinated program of research, promotion, and consumer information regarding limes designed—

(A) to strengthen the position of the lime industry in domestic and foreign markets, and

(B) to maintain, develop, and expand markets for limes; and

(2) to treat domestically produced and imported limes equitably.

(Pub. L. 101–624, title XIX, § 1952, Nov. 28, 1990, 104 Stat. 3870.)

§ 6202. Definitions

As used in this chapter:

(1) Board

(2) Consumer information

(3) Handle

(4) Handler

(5) Importer

(6) Lime

(7) Marketing

(8) Order

(9) Person

(10) Producer

(11) Producer-handler

(12) Promotion

(13) Research

(14) Secretary

(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.)

§ 6203. Issuance of orders

(a) In general

(b) Procedure

(1) Proposal for issuance of order

(2) Proposed order

(3) Issuance of order

(4) Effective date of order

(Pub. L. 101–624, title XIX, § 1954, Nov. 28, 1990, 104 Stat. 3872.)

§ 6204. Required terms in orders

(a) In general

(b) Lime BoardSuch order shall provide for the establishment of a Lime Board as follows:

(1) MembershipThe Board shall be composed of—

(A) 3 members who are producers and who are not exempt from an assessment under subsection (d)(5)(A);

(B) 3 members who are importers and who are not exempt from an assessment under subsection (d)(5)(A); and

(2) Appointment and nomination

(A) Appointment

(B) Producers

(D) Public

(E) Failure to nominate

(F) Initial Board

(G) Board allocation

(3) AlternatesThe Secretary shall appoint an alternate for each member of the Board. An alternate shall—

(A) be appointed in the same manner as the member for whom such individual is an alternate; and

(B) serve on the Board if such member is absent from a meeting or is disqualified under paragraph (5).

(4) TermsThe initial members of the Board appointed under the amended order shall serve a term of 30 months. Subsequent appointments to the Board shall be for a term of 3 years, except that—

(A) 2 members shall be appointed for a term of 1 year;

(B) 2 members shall be appointed for a term of 2 years; and

as designated by the Secretary at the time of appointment.

(5) Replacement

(6) Compensation

(7) Travel expenses

(8) Powers and dutiesThe Board shall—

(A) administer orders issued by the Secretary under section 6203(a) of this title, and amendments to such orders, in accordance with their terms and provisions and consistent with this chapter;

(B) prescribe rules and regulations to effectuate the terms and provisions of such orders;

(D) make recommendations to the Secretary with respect to amendments that should be made to such orders; and

(E) employ a manager and staff.

(1) Budgets

(2) PlansEach budget shall include a plan for research, promotion, and consumer information regarding limes. A plan under this paragraph shall take effect on the approval of the Secretary. The Board may enter into contracts and agreements, with the approval of the Secretary, for—

(A) the development and carrying out of such plan; and

(B) the payment of the cost of such plan with funds collected pursuant to this chapter.

(d) AssessmentsSuch order shall provide for the imposition and collection of assessments with regard to the production and importation of limes as follows:

(1) Rate

(2) Collection by first handlersExcept as provided in paragraph (4), the first handler of limes shall—

(A) be responsible for the collection from the producer, and payment to the Board, of assessments under this subsection; and

(B) maintain a separate record of the limes of each producer whose limes are so handled, including the limes owned by the handler.

(3) Producer-handlers

(4) Importers

(5) De minimis exceptionThe following persons are exempt from an assessment under this subsection—

(A) a producer who produces less than 200,000 pounds of limes per year;

(B) a producer-handler who produces and handles less than 200,000 pounds of limes per year; and

(6) Claiming an exemptionTo claim an exemption under paragraph (5) for a particular year, a person shall submit an application to the Board—

(A) stating the basis for such exemption; and

(B) certifying that such person will not exceed the limitation required for such exemption in such year.

(e) Use of assessments

(1) In generalSuch order shall provide that funds paid to the Board as assessments under subsection (d)—

(A) may be used by the Board to—

(i) pay for research, promotion, and consumer information described in the budget of the Board under subsection (c) and for other expenses incurred by the Board in the administration of an order;

(ii) pay such other expenses for the administration, maintenance, and functioning of the Board as may be authorized by the Secretary; and

(iii) fund a reserve established under section 6205(4) of this title; and

(B) shall be used to pay the expenses incurred by the Secretary, including salaries and expenses of Government employees in implementing and administering the order, except as provided in paragraph (2).

(2) Referenda

(f) False claimsSuch order shall provide that any promotion funded with assessments collected under subsection (d) may not make—

(1) any false or unwarranted claims on behalf of limes; and

(2) any false or unwarranted statements with respect to the attributes or use of any product that competes with limes for sale in commerce.

(g) Prohibition on use of funds

(h) Books, records, and reports

(1) By the BoardSuch order shall require the Board—

(A) to maintain books and records with respect to the receipt and disbursement of funds received by the Board;

(B) to submit to the Secretary from time to time such reports as the Secretary may require for appropriate accounting; and

(C) to submit to the Secretary at the end of each fiscal year a complete audit report regarding the activities of the Board during such fiscal year.

(2) By othersSo that information and data will be available to the Board and the Secretary that is appropriate or necessary for the effectuation, administration, or enforcement of this chapter (or any order or regulation issued under this chapter), such order shall require handlers, producer-handlers, and importers who are responsible for the collection, payment, or remittance of assessments under subsection (d)—

(A) to maintain and make available for inspection by the employees of the Board and the Secretary such books and records as may be required by the order; and

(B) to file, at the times, in the manner, and having the span prescribed by the order, reports regarding the collection, payment, or remittance of such assessments.

(i) Confidentiality

(1) In general

(2) LimitationsNothing in this subsection prohibits—

(A) issuance of general statements based on the reports of a number of handlers, producer-handlers, and importers subject to an order, if the statements do not identify the information furnished by any person; or

(B) the publication by direction of the Secretary, of the name of any person violating an order issued under section 6203(a) of this title, together with a statement of the particular provisions of the order violated by such person.

(j) Withholding information

(Pub. L. 101–624, title XIX, § 1955, Nov. 28, 1990, 104 Stat. 3872; Pub. L. 102–237, title VIII, § 805(1), Dec. 13, 1991, 105 Stat. 1882; Pub. L. 103–194, § 4, Dec. 14, 1993, 107 Stat. 2295.)

§ 6205. Permissive terms in ordersOn 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.)

§ 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

(3) Ruling

(b) Review

(1) Commencement of action

(2) Process

(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

(Pub. L. 101–624, title XIX, § 1957, Nov. 28, 1990, 104 Stat. 3876.)

§ 6207. Enforcement

(a) Jurisdiction

(b) Referral to Attorney General

(1) Civil penalties

(2) Cease and desist orders

(3) Notice and hearing

(4) Finality

(d) Review by United States 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 in the district court of the United States for the district in which such person resides or does business, or the United States District Court for the District of Columbia, by—

(A) filing a notice of appeal in such court not later than 30 days after the date of such order; and

(B) simultaneously sending a copy of such notice by certified mail to the Secretary.

(2) Record

(3) Standard of review

(e) Failure to obey orders

(f) Failure to pay penalties

(Pub. L. 101–624, title XIX, § 1958, Nov. 28, 1990, 104 Stat. 3877; Pub. L. 102–237, title VIII, § 805(2), Dec. 13, 1991, 105 Stat. 1882.)

§ 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

(2) Administrative hearings

(d) Contempt

(e) Process

(f) Hearing site

(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.)

§ 6209. Initial referendum

(a) Requirement

Not later than 30 months after the date on which the collection of assessments begins under the order pursuant to section 6204(d) of this title, the Secretary shall conduct a referendum among producers, producer-handlers, and importers who—

(1) are not exempt from assessment under section 6204(d)(5) of this title; and

(2) produced or imported limes during a representative period as determined by the Secretary.

(b) Purpose of referendum

(d) Refund of assessments from escrow account

(1) In general

(2) Approval of order

(3) Disapproval of order

(A) Proration

If—

(i) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by producers, producer-handlers, or importers; and

(ii) the plan is not approved pursuant to the referendum conducted under subsection (a);

the Board shall prorate the amount of such refunds among all eligible producers, producer-handlers, or importers who demand such refund.

(B) Right to refund

A producer, producer-handler, or importer shall be eligible to receive a refund—

(i) if demand is made personally, in accordance with regulations and on a form and within a time period prescribed by the Board, but in no event less than 90 days after the date of publication of the results of the referendum; and

(ii) on submission of proof satisfactory to the Board that the person paid the assessment for which refund is sought and did not collect the assessment from another person.

(Pub. L. 101–624, title XIX, § 1960, Nov. 28, 1990, 104 Stat. 3879; Pub. L. 103–194, § 5, Dec. 14, 1993, 107 Stat. 2295.)

§ 6210. Suspension and termination

(a) Finding of Secretary

(b) Periodic referenda

The Secretary shall hold a referendum under subsection (b)—

(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

(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); 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.)

§ 6211. Authorization of appropriations

(a) In general

(b) Administrative expenses

(Pub. L. 101–624, title XIX, § 1962, Nov. 28, 1990, 104 Stat. 3880.)

§ 6212. Regulations

The Secretary may issue such regulations as are necessary to carry out this chapter.

(Pub. L. 101–624, title XIX, § 1963, Nov. 28, 1990, 104 Stat. 3881.)