§ 4612. — Termination or suspension.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4612]
TITLE 7--AGRICULTURE
CHAPTER 77--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION
Sec. 4612. Termination or suspension
(a) ``Person'' defined
In this section, the term ``person'' means a producer, importer, or
handler.
(b) Authority of Secretary
If the Secretary finds that an order issued under this chapter, or
any provision of the order, obstructs or does not tend to effectuate the
purposes of this chapter, the Secretary shall terminate or suspend the
operation of the order or provision.
(c) Periodic referenda
Except as provided in subsection (d)(3) of this section and section
4613(g) of this title, on the date that is 5 years after the date on
which the Secretary issues an order authorizing the collection of
assessments on honey or honey products under this chapter, and every 5
years thereafter, the Secretary shall conduct a referendum to determine
if the persons subject to assessment under the order approve
continuation of the order in accordance with section 4611 of this title.
(d) Referenda on request
(1) In general
On the request of the Honey Board or the petition of at least 10
percent of the total number of persons subject to assessment under
the order, the Secretary shall conduct a referendum to determine if
the persons subject to assessment under the order approve
continuation of the order in accordance with section 4611 of this
title.
(2) Limitation
Referenda conducted under paragraph (1) may not be held more
than once every 2 years.
(3) Effect on periodic referenda
If a referendum is conducted under this subsection and the
Secretary determines that continuation of the order is approved
under section 4611 of this title, any referendum otherwise required
to be conducted under subsection (c) of this section shall not be
held before the date that is 5 years after the date of the
referendum conducted under this subsection.
(e) Timing and requirements for termination or suspension
(1) In general
The Secretary shall terminate or suspend an order at the end of
the marketing year during which a referendum is conducted under
subsection (c) or (d) of this section if the Secretary determines
that continuation of an order is not approved under section 4611 of
this title.
(2) Subsequent referendum
If the Secretary terminates or suspends an order that assesses
the handling of honey and honey products under paragraph (1), the
Secretary shall, not later than 90 days after submission of a
proposed order by an interested party--
(A) propose another order to establish a research,
promotion, and consumer information program; and
(B) conduct a referendum on the order among persons that
would be subject to assessment under the order.
(3) Effectiveness of order
Section 4611 of this title shall apply in determining the
effectiveness of the subsequent amended order under paragraph (2).
(Pub. L. 98-590, Sec. 13, Oct. 30, 1984, 98 Stat. 3123; Pub. L. 101-624,
title XIX, Sec. 1985, Nov. 28, 1990, 104 Stat. 3907; Pub. L. 105-185,
title VI, Sec. 605(l), June 23, 1998, 112 Stat. 601.)
Amendments
1998--Pub. L. 105-185 amended section catchline and text generally,
substituting present provisions for provisions which in subsec. (a)
authorized Secretary to terminate or suspend order, in subsec. (b)
provided for conducting of referendum every five years and alternative
first referendum, in subsec. (c) provided for referendum upon request of
Honey Board or petition of ten percent or more of producers and
importers, and in subsec. (d) directed termination or suspension of
order where favored by majority voting in referendum and majority
produce and import more than 50 percent of volume of honey of those
voting.
1990--Subsec. (b). Pub. L. 101-624, Sec. 1985(a), designated
existing provisions as par. (1), substituted ``Except as otherwise
provided in paragraph (2), five'' for ``Five'' and ``termination'' for
``continuation, termination,'' and added par. (2).
Subsec. (d). Pub. L. 101-624, Sec. 1985(b), substituted ``an order''
for ``such order'', inserted ``in which a referendum is conducted under
subsection (b) or (c) of this section'' after ``marketing year'', and
struck out ``of the order'' before ``is favored by''.
Section Referred to in Other Sections
This section is referred to in sections 4606, 4613 of this title.
