§ 4607. — Permissive terms and provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4607]
TITLE 7--AGRICULTURE
CHAPTER 77--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION
Sec. 4607. Permissive terms and provisions
(a) In general
On the recommendation of the Honey Board, and with the approval of
the Secretary, an order issued pursuant to this chapter may contain one
or more of the following provisions:
(1) Providing authority to exempt from the provisions of the
order honey used for exporting and providing authority for the Honey
Board to require satisfactory safeguards against improper use of
such exemption.
(2) Providing that in a State with an existing marketing order
with respect to honey, the objectives of which the Secretary
determines are comparable to the program established under this
chapter, there shall be paid to the Honey Board as provided in
section 4608 of this title that portion of the national assessment
which is above the State assessment, if any, actually paid on such
honey.
(3) Providing for authority to designate different handler
payment and reporting schedules to recognize differences in
marketing practices and procedures.
(4) Providing that the Honey Board may convene from time to time
working groups drawn from producers, honey handlers, importers,
exporters, members of the wholesale or retail outlets for honey, or
other members of the public to assist in the development of research
and marketing programs for honey.
(5) Providing for authority to accumulate reserve funds from
assessments collected pursuant to this chapter to permit an
effective and continuous coordinated program of research, promotion,
and consumer information, in years when the production and
assessment income may be reduced, but the total reserve fund may not
exceed the amount budgeted for one year's operation.
(6) Providing for the authority to use funds collected under
this chapter with the approval of the Secretary for the development
and expansion of honey and honey product sales in foreign markets.
(7) Providing for terms and conditions incidental to, and not
inconsistent with, the terms and conditions specified in this
chapter and necessary to effectuate the other provisions of such an
order.
(8) If approved in a referendum conducted under this chapter,
providing authority for the development of programs and related
rules and regulations that will, with the approval of the Secretary,
establish minimum purity standards for honey and honey products that
are designed to maintain a positive and wholesome marketing image
for honey and honey products.
(b) Inspection and monitoring system
(1) Inspection
Any program, rule, or regulation under subsection (a)(8) of this
section may provide for the inspection, by the Secretary, of honey
and honey products being sold for domestic consumption in, or for
export from, the United States.
(2) Monitoring system
The Honey Board may develop and recommend to the Secretary a
system for monitoring the purity of honey and honey products being
sold for domestic consumption in, or for export from, the United
States, including a system for identifying adulterated honey.
(3) Coordination with other Federal agencies
The Secretary may coordinate, to the maximum extent practicable,
with the head of any other Federal agency that has authority to
ensure compliance with labeling or other requirements relating to
the purity of honey and honey products concerning an enforcement
action against any person that does not comply with a rule or
regulation issued by any other Federal agency concerning the
labeling or purity requirements of honey and honey products.
(4) Authority to issue regulations
The Secretary may issue such rules and regulations as are
necessary to carry out this subsection.
(c) Voluntary quality assurance program
(1) In general
In addition to or independent of any program, rule, or
regulation under subsection (b) of this section, the Honey Board,
with the approval of the Secretary, may establish and carry out a
voluntary quality assurance program concerning purity standards for
honey and honey products.
(2) Components
The program may include--
(A) the establishment of an official Honey Board seal of
approval to be displayed on honey and honey products of
producers, handlers, and importers that participate in the
voluntary program and are found to meet such standards of purity
as are established under the program;
(B) actions to encourage producers, handlers, and importers
to participate in the program;
(C) actions to encourage consumers to purchase honey and
honey products bearing the official seal of approval; and
(D) periodic inspections by the Secretary, or other parties
approved by the Secretary, of honey and honey products of
producers, handlers, and importers that participate in the
voluntary program.
(3) Display of seal of approval
To be eligible to display the official seal of approval
established under paragraph (2)(A) on a honey or honey product, a
producer, handler, or importer shall participate in the voluntary
program under this subsection.
(d) Authority of Secretary
Notwithstanding any other provision of this chapter, the Secretary
shall have the authority to approve or disapprove the establishment of
minimum purity standards, the inspection and monitoring system under
subsection (b) of this section, and the voluntary quality assurance
program under subsection (c) of this section.
(Pub. L. 98-590, Sec. 8, Oct. 30, 1984, 98 Stat. 3119; Pub. L. 105-185,
title VI, Sec. 605(g), June 23, 1998, 112 Stat. 596.)
Amendments
1998--Pub. L. 105-185 designated existing provisions as subsec. (a),
inserted heading, and added par. (8) and subsecs. (b) to (d).
Section Referred to in Other Sections
This section is referred to in section 4606 of this title.
