§ 4613. — Implementation of amendments made by Agricultural Research, Extension, and Education Reform Act of 1998.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC4613]
TITLE 7--AGRICULTURE
CHAPTER 77--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION
Sec. 4613. Implementation of amendments made by Agricultural
Research, Extension, and Education Reform Act of 1998
(a) Issuance of amended order
To implement the amendments made to this chapter by section 605 of
the Agricultural Research, Extension, and Education Reform Act of 1998
(other than subsection (m) of that section), the Secretary shall issue
an amended order under section 4603 of this title that reflects those
amendments.
(b) Proposal of amended order
Not later than 90 days after June 23, 1998, the Secretary shall
publish a proposed order under section 4603 of this title that reflects
the amendments made by section 605 of the Agricultural Research,
Extension, and Education Reform Act of 1998. The Secretary shall provide
notice and an opportunity for public comment on the proposed order in
accordance with section 4604 of this title.
(c) Issuance of amended order
Not later than 240 days after publication of the proposed order, the
Secretary shall issue an order under section 4605 of this title, taking
into consideration the comments received and including in the order such
provisions as are necessary to ensure that the order conforms with the
amendments made by section 605 of the Agricultural Research, Extension,
and Education Reform Act of 1998.
(d) Referendum on amended order
(1) Requirement
(A) In general
On issuance of an order under section 4605 of this title
reflecting the amendments made by section 605 of the
Agricultural Research, Extension, and Education Reform Act of
1998, the Secretary shall conduct a referendum under this
section for the sole purpose of determining whether the order as
amended shall become effective.
(B) Individual provisions
No individual provision of the amended order shall be
subject to a separate vote under the referendum.
(2) Eligible voters
The Secretary shall conduct the referendum among persons subject
to assessment under the order that have been producers, producer-
packers, importers, or handlers during the 2-calendar-year period
that precedes the referendum, which period shall be considered to be
the representative period.
(3) Determination of quantity
(A) In general
Producer-packers, importers, and handlers shall be allowed
to vote as if--
(i) the amended order had been in place during the
representative period described in paragraph (2); and
(ii) they had owed the increased assessments provided by
the amended order.
(B) Votes and attributed quantity for producer-packers and
importers
The votes and the quantity of honey and honey products
attributed to the votes of producer-packers and importers shall
be determined in accordance with section 4611 of this title.
(C) Attributed quantity for handlers
The quantity of honey and honey products attributed to the
vote of a handler shall be the quantity handled in the
representative period described in paragraph (2) for which the
handler would have owed assessments had the amended order been
in effect.
(4) Effectiveness of order
The amended order shall become effective only if the Secretary
determines that the amended order is effective in accordance with
section 4611 of this title.
(e) Continuation of existing order if amended order is rejected
If adoption of the amended order is not approved--
(1) the order issued under section 4603 of this title that is in
effect on June 23, 1998, shall continue in full force and effect;
and
(2) the Secretary may amend the order to ensure the conformity
of the order with this chapter (as in effect on the day before June
23, 1998).
(f) Effect of rejection on subsequent orders
(1) In general
Subject to paragraph (2), if adoption of the amended order is
not approved in the referendum required under subsection (d) of this
section, the Secretary may issue an amended order that implements
some or all of the amendments made to this chapter by section 605 of
the Agricultural Research, Extension, and Education Reform Act of
1998, or makes other changes to an existing order, in accordance
with the administrative procedures specified in sections 4604 and
4605 of this title.
(2) Approval
An amendment to an order that implements a provision that is
subject to a referendum shall be approved in accordance with section
4611 of this title before becoming effective.
(g) Effect on periodic referenda
If the amended order becomes effective, any referendum otherwise
required to be conducted under section 4612(c) of this title shall not
be held before the date that is 5 years after the date of the referendum
conducted under this section.
(Pub. L. 98-590, Sec. 14, as added Pub. L. 105-185, title VI,
Sec. 605(m), June 23, 1998, 112 Stat. 602.)
References in Text
Section 605 of the Agricultural Research, Extension, and Education
Reform Act of 1998, referred to in subsecs. (a) to (d)(1)(A) and (f)(1),
is section 605 of Pub. L. 105-185, June 23, 1998, 112 Stat. 523, which
enacted this section and amended sections 4601 to 4612 of this title.
Subsec. (m) of section 605 enacted this section.
Section Referred to in Other Sections
This section is referred to in sections 4606, 4612 of this title.
